QUESTION
Can I use my boyfriend's last name on our child's birth certificate?
Asked on Nov 09th, 2011 on Child Custody - Colorado
More details to this question:
I am legally married and pregnant with my now boyfriend's child. Can I use my maiden name on the birth certificate and give the child my new boyfriend's last name? I have been separated for three years, getting ready to file for divorce. Can I use my maiden name on the birth certificate and give the child the father's last name?
8 ANSWERS
Steven D. Dunnings
No.
Answered on Jun 02nd, 2013 at 9:47 PM
Criminal Trial Practice Attorney serving Buffalo, MN
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Buselmeier Law & Associates, P.A.
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I don't know about the maiden name, I would think you would need to use your current legal name. You may use your boyfriend's last name but be warned that it is very difficult to change the child's name later on.
Answered on Nov 11th, 2011 at 2:12 PM
I am not aware of anything that would require you to use any particular last name for the child. However, I foresee other problems in your situation. Because you are still married, the law in the State of Washington presumes that your husband is the biological father of the child. This means that in addition to the divorce, you are going to have to do a paternity action to straighten out who the father of the child really is. This may not seem that important now, however, it can be very important down the road. It can impact who has to pay child support. It can impact from whom the child can inherit. It can impact how has a right to custody of the child and who is going to be responsible for any expenses relating to the child.
Answered on Nov 11th, 2011 at 2:03 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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It is my recommendation that you file for divorce immediately. If you are divorced before the baby is born you will be able to use your maiden name on the new baby's birth certificate. You may use the biological father's name on the birth certificate even if you are not divorced at the time of birth. Also, your boyfriend should sign a voluntary acknowledgement of paternity in the hospital when the baby is born.
Answered on Nov 11th, 2011 at 9:28 AM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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No you cannot when you fill in the Acknowledge of Paternity you must disclose you are married. And a paternity proceeding has to be commenced.
Answered on Nov 11th, 2011 at 7:57 AM
You may; however, he will still be required to prove paternity by being adjudicated the child's father. A DNA test and a paternity action will need to be filed to be eligible to be adjudicated the father. Because you are married the law presumes your husband to be the father of any children born of the marriage. More than likely you will be forced to put your husband's name on the birth certificate because by law he is the legal father. Your boyfriend's paternity must be proven. An attorney can guide you through the adjudication process to have your boyfriend replaced as the legal father. Without being adjudicated the father, your boyfriend will not have rights to the child. Your boyfriend also will to have his name put on the putative father's registry or he will be considered to have given implied consent to an adoption of the child. He will have to act quickly to preserve any of his rights to the child. My suggestion is to seek legal counsel before the child is born to secure his rights as a father.
Answered on Nov 11th, 2011 at 7:47 AM
Glen Edward Ashman
No, and you have a huge problem because the child legally is your husband's unless the divorce court specifically rules otherwise. You need a very good lawyer as you have a huge mess.
Answered on Nov 11th, 2011 at 3:14 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Probably not without a lot of extra paperwork, but you need to check with the state vital statistics office.
Answered on Nov 11th, 2011 at 2:24 AM