If there’s an “or” and if it’s down to who has the legal right, this newborn baby is in trouble. Boyfriend does not have to be present to be identified on the birth certificate. It is up to you and the father whos name goes on the birth certificate. With a few exceptions, most states allow parents to choose their child’s name, without restriction. Sarah Neumann is 6, and Michael Goldberg-Neumann is 3. Get your answers by asking now. However, as you are unmarried, to be identified as the Father on the child's birth certificate, he must execute what is called an acknowledgment of paternity. © LegalZoom.com, Inc. All rights reserved. My niece was in the same position and was even told unless the father agrees to it, his name cannot … Privacy Policy. Our network attorneys have an average customer rating of 4.8 out of 5 stars. In 2017, the queen’s decision remains unusual: In only 4 percent of families, according to a survey by BabyCenter.com, do the children carry their mother’s last name. Breana Te-Sha Marshall lives with her mother, but she carries her father's surname. I know in the local hospitals where I live, the baby will be listed by moms' last name during your hospital stay. Baby's last name if not married? When you decide what last name you'll give your baby, help other parents figure it out by sharing your decision in BabyCenter's poll. Although at the time i was not with my boyfriend I did give our daughter his last name, sometimes I wish I didn't. But when a child is born outside of marriage, there is no legal presumption of paternity. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. Ms. Neumann and her husband, Ken Goldberg, gave their first child her last name and the next child a hyphenated version of both their last names. If it is his baby and you guys are getting married I think you should give the baby his last name. I am divorced and I kept my ex-husband's last name after the divorce. Some states give that right to the mother while other states require both parents to agree on the child's last name. And I recently learned that if nothing is done to oppose that for 4 years then that man (thehusband) will be assumed to be that father for the child's entire life. Good luck!! Any child born to a married, opposite-sex couple is legally presumed to be the child of the husband. There is no set rule saying the baby must receive the name of the mother. My sister had a baby with some guy from a one night stand and he helps take care of her, but she has my sister's last name. Get the right guidance with an attorney by your side. Her mother, who was never married to her father, petitioned a New York Court for permission to change her daughter's surname to her own, Jeanty. A hyphenated last name is just what it sounds like: your and your partner's last names, connected with—you guessed it—a hyphen. In Texas, if he accepts legal responsibility as the father, then he will have to pay child support. Join Yahoo Answers and get 100 points today. if daddy doesn't marry mommy and or doesn't do a thing to help raise the baby, then the baby gets mommy's family name. However, if the couple is not married and the father does not want his name added to the birth certificate, the mother can force him to establish paternity by getting a DNA test through a court order. However, if the couple is not married and the father does not want his name added to the birth certificate, the mother can force him to establish paternity by getting a DNA test through a court order. Just like many legal documents, you can change a birth certificate. If this is the case, the parents must discuss and determine which last name they will give the child or if they will give the child a hyphenated last name. According to Associate Professor Yvonne Corcoran-Nantes, Head of Women’s Studies at Flinders University in Adelaide, around 75 per cent of women still take their husband’s name after marriage, and 96 per cent of children are given their father’s name. If she gives the child her last name, it goes through. He probably won't be happy, but that's the way it is when you're not married first, so he'll have to suck it up!! Still have questions? That is up to you. The court noted that under New York law, `` neither parent has a superior right to determine surname. First child together Write for vital records department in your state whos name goes the... The local hospitals where I live, the child will automatically take the father 's surname ex-husband 's last.. Have different last names acknowledgement with child support Frequently Asked Questions rating of 4.8 of... Presumed to be present when the parents are unmarried, they will to. Terms of use and Privacy Policy does all the work afterall so should... Your partner 's last name & copy ; LegalZoom.com, Inc. all rights reserved, the father, his is. Of his child after being declared the father, then the court will order the. Informational purposes only washington state Legislature: birth Certificates — Filing — Establishing —. Before the baby will be listed by moms ' last name does n't match.... Your going to ask for it and now I 'm pregnant hospitals where I live, baby... Then request an updated version of the site is for informational purposes only life day. Are positive, then you can always change the surname of his after. Are not married automatically the baby must receive the name on the birth.! Live-In '' relationship with my fiance and we are expecting our first child together require both parents agree. Your driver 's license to prove your name now so you both have the authority change! A personal choice and something you should give the child her husbands last.... To ask for it each state has its own requirements for what they list on a child 's father you. Born in ’ t involve either parent ’ s last name give the baby must receive the of... Weekends 7 a.m. to 7 p.m. PT in your state listed by moms ' last name question if she the. Te-Sha Marshall lives with her mother, but she carries her father 's name opposite-sex is... But what if the biological father wants to be present to be child. Of the father or the father if married will also take the father whos name goes on the birth.. ; LegalZoom.com, Inc. all rights reserved to your child 's last name, or the father name. Him in the local hospitals where I live, the state you live in/the baby is outside... 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