QUESTION
I am having a baby with my boyfriend by I am still legally married can I give the baby my boyfriend’s last name?
Asked on Nov 12th, 2012 on Child Custody - Alabama
11 ANSWERS
Tamara Marie Chin
No.
Answered on May 21st, 2013 at 12:31 AM
Dennis P. Mikko
There is a rebuttable presumption in the law that a child born during a marriage is a product of the marriage. Since you are still married, your husband is presumed to be the father. In a divorce proceeding you could challenge your husband's paternity. This would require the biological father to come forward and admit paternity. Once non-paternity of your husband is established, the baby's birth certificate could be amended to reflect the true father.
Answered on Nov 14th, 2012 at 3:43 PM
John J. Carney
Interestingly, a mother can put any name she wants on a birth certificate, no matter who the father is. This does not make that man the father, nor does it effect custody or support. You should get a paternity test and determine who the father is and then get a support order if it is not your husband, unless you know for sure it is not your husband's.
Answered on Nov 14th, 2012 at 7:54 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, but the child is presumed to be your husband's.
Answered on Nov 14th, 2012 at 6:52 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The child will be your husband's child.
Answered on Nov 14th, 2012 at 5:36 AM
Yes but you should be aware that any child born during a marriage is considered to be a child of the marriage and your husband has legal rights as the father of the child regardless of what you put on the birth certificate.
Answered on Nov 14th, 2012 at 5:29 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Your husband is presumed the legal father until a court determines otherwise.
Answered on Nov 14th, 2012 at 5:04 AM
1 Award
The only way you can do so is at birth, you, your husband, and boyfriend will have to execute an affidavit stating that your boyfriend is the father of the child. It is a 3 party affidavit you can obtain from Louisiana Vital Records.
Answered on Nov 13th, 2012 at 3:46 AM
Yes, you can. When the child is born just make sure the guy asserting to be the father is on the Birth Certificate and when you name the child you may give the name you want it to have.
Answered on Nov 13th, 2012 at 3:46 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to file for divorce. Hopefully your husband does not try to claim the child as his.
Answered on Nov 13th, 2012 at 3:40 AM
Your husband is the presumed father of your child. If he persists in this presumption, your boyfriend will not have any rights to this child.
Answered on Nov 13th, 2012 at 3:39 AM