Do I Legally Have To Give My Baby His Father S Last Name

84 Replies
expectingapreciousbabyboy - December 25

Ok, I am in Virgina so I dont know how diff. the laws are but...by no means do you have to give your baby the daddy's name and as far as him not wanting to sign over rights to you.. if he is not on the birth certificate he has no leagal rights to your child until he pays for a DNA test! I hope all goes well. Let me know!

 

volcomgurlie - January 9

Jimbob i think its terrible you would insist on the baby having your last name. The baby is with the mother fulltime. . I know as a child i would want the same last name as the main caregiver. ladies my ex had his parents got a lawyer and there very very well off and the judge said he has no say in what the last name is. My son has my last name and its the best thing you can do for your kid.

 

volcomgurlie - January 9

Also it's 2007, stop living like its 1940 where you think men are supperior to women. You sound like a product of the Maury show. If there was even a 1% possibility you were the father how dare you not be there for the pregnancy and say your waiting for paternity. Right there shows your already not a good father. You should of been there and then if the results were shown the baby was not yours than go your own way. One night stand or not you still are equally responsible and i think its sick to deny during pregnancy. That puts stress on the mother and in return puts stress on the baby. Great parenting (DAD). Thank god i met a decent man.

 

notquitesure - January 14

your baby can have your last name there is no law saying it has to be his...and besides when it is born its name will be "baby whatever your last name is" because it is your baby...and as far as the certificate goes..you can but n/a or whatever but some places say that if it is n/a then you cannot get child support from the father...so it is all up to you..both my babies have my last name not their father's

 

sheriandjagger - February 9

I left my husband when I was 5 mos pregnant. He is a drug addict and is not a good person. I gave my baby my last name(I never changed my last name when i got married) now the father has a lawyer and is trying to change the baby's last name to his. My attorney told me he could if a judge approves it. It would be court ordered. My baby is only 1 mo old but i already have his social security card his birth certificate so far everything is in his birth name. It makes me sick that he might be able to change his last name! He was not there when i filled out the birth certificate so he didn't sign it but i put him as the father.

 

babyonboard16 - February 21

no you dont you can give the baby yours

 

xBeautiful.Disasterx - February 22

your child does not have to have his fathers last name, its up to you!

 

afireinsideamanda - February 28

i dont really know but im giving my baby my name too, since my babys father and i are no longer together either... unless youre married im pretty sure its your choice and he cant do SH*t about it.(excuse me)

 

dallas84 - July 3

my girlfriend and i live together were not married but were expecting a baby we plan on getting married so is it legal for the baby to take the dads last name. i live in dallas

 

springbaby - July 7

I gave my son my last name because the father and I were not together at birth and I was skeptical if he would be active in his life. I dont want my child to be confused about carrying the name of a man who is not active in his life. We are both on the birth certificate. Since birth, the father has been primarily absentee, so I believe I did the right thing. If I ever get married I will keep my last name and add a hyphn and the new name to maintain that connection with me and my son.

 

d3e - July 8

Dont give ur baby his last name!!

 

mommy of 2 boys - August 20

Not so shure why this one caught my eye but...JIMBOB...sorry but, it is not like that in all cases. My ex took me to court numerous times over our son not having his last name and we have split custody and he pays alot in child support a month and actually pays it and the courts have sided with me everytime it has gone to court.

 

Trinity030608 - August 22

I know most people who have replied to this post are no longer postig here, but for new pwople who read this whole things, i dont want you to be confused, not even by 'future lawyer"s comment. YOU DO NOT HAVE TO GIVE THE CHILD THE FATHERS LAST NAME. YOU CAN GIVE YOUR CHILD ANY NAME YOU WANT-EVEN IF IT IS COMPLETELY DIFFERENT FROM YOUR OR THE FATHERS OR ANYBODY IN YOUR FAMILY. A JUDGE CANNOT LEGALLY MAKE YOU CHANGE IT PER DADDYS REQUEST.

 

kay101 - August 23

I'm sure this has probably been answered: 1. No don't have to give the baby his last name whether or not he is on the birth certificate 2. No you don't have to put him on the birthcertificate. Since you aren't married and never have been, he would have to go to court and have DNA testing done if he wants his name on it 3. If you DO want his name on the birth certificate he has to sign it himself which acknowledges that the baby is his child which he is legally responsible for (meaning its a bit easier when you go to court to get child support)

 

kay101 - August 23

And being the genius I am I already answered this question a LONG time ago lmao my own fault for not reading the responses

 

GATA - November 3

I want to have a baby with insemination, I am married but my husband and I will divorce in a year. If I get birth before we divorced, do I have to put my husband's name on the birth certificated of my baby?

 

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