Birth Names

My nephew recently had a baby with a women who is married to another man. She told him that do to the fact that she is married to another man, that by law she could not give the baby his last name.
We are from the state of Illinois and as far as I know, you can name a child any name you choose unless there has been a new law put in effect that I'm not aware of. I would appreciate any help. Michele

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mischele:
[b]My nephew recently had a baby with a women who is married to another man. She told him that do to the fact that she is married to another man, that by law she could not give the baby his last name.
We are from the state of Illinois and as far as I know, you can name a child any name you choose unless there has been a new law put in effect that I'm not aware of. I would appreciate any help. Michele [/b]<HR></BLOCKQUOTE>

My response:

She is, unfortunately, correct. A child born during marriage is "presumed" under law to be the child of the marriage; i.e., the child of her husband, and not the biological father.

The biological father has 2 years from the child's birth to contest paternity in court, and to force a DNA test to prove paternity. After that, the Presumption becomes uncontestable as being the child of her marriage.

So, if the biological father is interested in paying child support, and receiving structured visitation, then he better get the ball rolling.

IAAL



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