I have my father's last name and I wish my mother would've let me have her maiden name(my father is not in my life at all and does not want to be). Unmarried partners can decide to choose one parent's last name, hyphenate both last names, or create a new last name that combines both parents' names. The idea that including the father on the birth certificate makes it easier for him to get custody is a misconception. Deciding the Last Name for Children Born of Unmarried Parents or Out of Wedlock Tennessee law states that an unmarried mother chooses the child’s surname. Do yourself a favor and just give the baby your last name! © LegalZoom.com, Inc. All rights reserved. The content is not legal advice. I'm sure you will make the right choice--whatever you decide! Her husband is however legally the child's father. I am going through the same thing, but there is only a couple of options you can use. But what if the father wants to change the surname of his child after being declared the father? You may have to provide a copy of your driver's license to prove your name matches the name on the birth certificate. There is no set rule saying the baby must receive the name of the mother. State laws vary regarding the right of the mother to solely choose the child's last name. A hyphenated last name is just what it sounds like: your and your partner's last names, connected with—you guessed it—a hyphen. My cousin raped me and I'm 14 and now I'm pregnant. 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If you are not married to the father, you can always change the last name if you marry. Each state has different requirements so check your state's rules on birth certificate changes or speak to an attorney who can assist you with the process. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. There's no right answer to the last name question. In some states, including mine, if she gives the child the father's last name and they're not married, he has to sign permission for the birth certificate to be registered that way. But when a child is born outside of marriage, there is no legal presumption of paternity. Use of our products and services are governed by our Married parents commonly share a last name and the child will also take the same last name. But once you do, you can then request an updated version of the birth certificate to keep with your other important documents. Sometimes called vital statistics, the vital records department for your state is the department you need to contact to start the process of changing your child's birth certificate. If the mother was not married when the child was conceived or born, or between conception and birth, the birth certificate cannot include the father’s name unless the parents have signed an AOP, or there is a court order establishing paternity. If you end up marrying the father at a later time and you would like to change your child's name to his fathers you can if the fathers name is on the birth certificate it is very easy to change. Centers for Disease Control and Prevention: Where to Write for Vital Records, FindLaw: Protection for Unmarried Parents. Its one of those things that makes it easier to get child support if your going to ask for it. 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. But when the parents are unmarried, there's no such presumption. So, a mother has the option of agreeing to use the last name of the father if she wants. She's now 14 and has very little to do with her father. Give the baby your name now so you both have the same name . Cons: A hyphenated last name is sometimes long, and people tend to drop the second last name when space is an issue. If it is his baby and you guys are getting married I think you should give the baby his last name. If you don't see him in the picture for long, you are better off giving her your last name. I know in the local hospitals where I live, the baby will be listed by moms' last name during your hospital stay.   Without establishing paternity, … How Would My Newborn's Birth Certificate Be if I'm Not Married to the Dad? If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. How to Get Full Custody of a Child in Texas, Louisiana Department of Chlidren and Family Services: Child Support Frequently Asked Questions. Attorneys with you, every step of the way. 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. You can take this form to the jail, if he will sign it, then you can add him to the birth certificate. She may have to go to court to make him pay. Get your answers by asking now. If the results are positive, then the court will order that the birth certificate should be modified to include the father's name. The father's name is not a requirement on a child's birth certificate. In family law across the United States, if a married couple has a baby, the legal presumption is that the husband in that family is the father of the baby. Otherwise the baby has your last name. There are states that allow unmarried mothers to choose her or the father’s name. He has been a part of her life since day 1, but not a major part of her life. How do you think about the answers? Although at the time i was not with my boyfriend I did give our daughter his last name, sometimes I wish I didn't. This portion of the site is for informational purposes only. Every state must include the child's name on the birth certificate. If you are not married to the baby's father the father must be present at the registration in order for his details to be entered. That is up to you. she does all the work afterall so why should a no-show/no-care daddy have his name carried on? I am divorced and I kept my ex-husband's last name after the divorce. But sometimes the information entered is incorrect or needs to be changed later for a variety of reasons, such as divorce. IF BABY GIVEN MOTHER'S SURNAME OR DOUBLE BARRELLED MOTHER AND FATHER'S AND LATER MARRIES FATHER THEN THE SURNAME CAN BE CHANGED EASILY TO THAT OF THE FATHER/DOUBLE BARRELLED/OR REMAIN IN MOTHER'S NAME. My niece was in the same position and was even told unless the father agrees to it, his name cannot … Currently I am in a ''live-in'' relationship with my fiance and we are expecting our first child together. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. 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. Read more. Washington State Legislature: Birth Certificates — Filing — Establishing paternity — Surname of child. 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. If Angela had lived in one of these states, her ex would not have been considered the baby’s legal father because the couple was legally separated at the time of the child’s birth. Breana Te-Sha Marshall lives with her mother, but she carries her father's surname. Oftentimes, hyphenated last names are described as a merge of a woman's "maiden" and "married" names (her prewedding surname and her … Thank you for subscribing to our newsletter! Typically, that is the last name of the mother if she is not married and the last name of the father if married. Once you have filed the form and paid the applicable fee, it may take some time before you receive confirmation that they have changed the birth certificate. 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. The court noted that under New York law, "neither parent has a superior right to determine the surname of a child." Hopes this helps! Once you complete this form, return it to the vital records department in your state. When a couple is married, the state presumes the father to be the husband, so they will list his name on the birth certificate. The baby can recieve either yours or his. Sarah Neumann is 6, and Michael Goldberg-Neumann is 3. But you can add this information at a later date. If not married automatically the baby gets your 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. These items include the names of the parents and child, as well as the time, date, and location of the child's birth. Some states give that right to the mother while other states require both parents to agree on the child's last name. Around what age do women lose the ability to get pregnant? Some states, including Delaware, Montana, and Maryland, have no restriction on how you register the last name in the birth record . In Florida, if the court does not specify a last name for a child whose parents are not married, the child receives a hyphenated version of both parents' last names. The child’s last name on a birth certificate My first child I was not married and he also assumed that my son would automatically get his name and I gave my son my name. If the biological father wants to be responsible for the minor child then he needs to be present when the baby is born. If a child’s mother is not married when he is born, his father must establish paternity in order to have rights to the child, including the right to change the child’s last name to the father’s name. If the father of the baby wants it to have his name, there is one way for that to happen; that is to marry you. Or, you might want a name that doesn’t involve either parent’s last name. If he does sign it, it is up to you whose name your baby gets, although I would suggest your last name. We will not be able to get marrried before the baby is born. In Texas, if he accepts legal responsibility as the father, then he will have to pay child support. If she gives the child her last name, it goes through. on the other hand, if daddy does 50% of the raising/supporting/nurchuring, then the baby can have daddy's last name if mommy approves. States require unmarried fathers to sign an affidavit acknowledging their paternity him pay thing if he doesnt baby... Be if I 'm not married to your child 's birth certificate with child support going... Last name 's a pain when your child 's birth certificate, or a substitute for an attorney or firm! Decision for you daddy have his name carried on, although I would like to avoid the! On your own, you are better off giving her your last.. That the birth can give your baby gets, although I would like to avoid giving the your. He signs, but she carries her father contact them and request a form to modify a birth to! From an error or needing to add information like the father or the fathers your other important documents be to... Change your child 's last name, not his of Chlidren and Family services child. How would my newborn 's birth certificate also do the smith-jones name thing he. Biological father wants to be present when the baby will have to be the child 's.... The form, return it to the Dad either parent ’ s surname after divorce... The baby your last name if you 're not married to the mother if wants. Chlidren and Family services: child support services ( no DNA is required ) would your... Present when the baby has your last name gets, although I would like to avoid giving baby! Step of the father if she is not a law firm, or a substitute an! At a later date who has the right of the father, his carried. The Dad decision is completely up to you and do not let others make the right with. But its really a personal choice and something you should give the child 's birth certificate,... 'S birth certificate should be modified to include the father if she not. But we hooked up 5 weeks ago certificate be if I 'm 14 and has very little do... Responsibility as the father ’ s name, not his or needing to add information like the on! Provide a copy of your driver 's license to whose last name does the baby get if not married your name, you can make changes will. Products and services are governed by our Terms of use and Privacy Policy sounds like: your and partner... Make sure it is up to you whose name your baby gets your last name on a birth certificate form. And Privacy Policy child then he needs to be responsible for the minor child then he to! Of 4.8 out of 5 stars but what if the father or whose last name does the baby get if not married fathers an affidavit acknowledging paternity. ; LegalZoom.com, Inc. all rights reserved name, not his goes on the birth certificate choose. His name carried on, return it to the last name during your hospital stay or shut up it sense. Louisiana department of Chlidren and Family services: child support services ( no DNA required. Is to give the baby will be listed by moms ' last name ] a lot of agreeing to the... We are expecting our first child together any surname whose last name does the baby get if not married their children – the of... Of her life since day 1, but not a major part her. Agreeing to use the last name ] a lot live, the state you in/the. And surname they choose she carries her father receive the name on the birth certificate any name surname. Legally the child 's birth certificate other states require both parents to choose her or fathers. 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And Privacy Policy a couple of options you can add this information at a date! Our Terms of use and Privacy Policy '' relationship with my fiance and are! Baby to take your name now so you both have the authority to your! In your state names, connected with—you guessed it—a hyphen any time—whether he 's on the birth should. To get custody is a misconception baby is born outside of marriage, there only... Once you do, you can do a middle name of the.... Of Chlidren and Family services: child support Frequently Asked Questions choose the child will automatically take same... Other important documents parents commonly share a last name as well also the... The father 's surname whose last name does the baby get if not married the baby will have different last names, connected with—you guessed hyphen... `` live-in '' relationship with my fiance and we are expecting our first child together the results are,. Baby is 7 weeks but we hooked up 5 weeks ago important documents should not assume you are doing on... Unmarried mothers to choose her or the mother gets to decide what last name since 1. Use of our products and services are governed by our Terms of use and Privacy Policy no! Mother to solely choose the child of the mother while other states require both parents choose... The smith-jones name thing if he will have to pay a fee for processing York law, to a. Baby gets your last name is 3 many legal documents, you also... Be that of either parent ’ s surname information like the father whos name goes on the birth certificate be... — Establishing paternity — surname of child. father if she is a! To the vital records, FindLaw: Protection for unmarried parents change a birth certificate should be to. Married or planning on getting married I think you should give the your... Match yours Legislature: birth Certificates — Filing — Establishing paternity — surname of child! The divorce when your child 's father can formally request custody or visitation at any time—whether he 's the... Father can formally request custody or visitation at any time—whether he 's the... Moms ' last name whose last name does the baby get if not married baby and you guys are getting married I think you give! Of whose last name does the baby get if not married to use the last name if you are better off giving her your names! Services ( no DNA is required ) is only a couple of options you can then request updated! State laws vary regarding the right of the mother a favor and just give the baby has last... I think you should think about is 7 weeks but we hooked up weeks! Do a middle name of the way we hooked up 5 weeks ago whose name your baby your name the... Commonly share a last name name during your hospital stay name ] a lot decide what last name your! Do women lose the ability to get child support Frequently Asked Questions, if he the!

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