Baby's Surname

[Lindabird]

What is the name of your state?What is the name of your state?What is the name of your state? Nebraska

My daughter is unmarried and is about to have a first child. Does she have the option of giving the baby either her's or the father's last name?

If she can use the father's last name, and chooses to do so, would the father be able to legally take the child from my daughter? How would we be able to find out what rights the father has regardless of the last name chosen?

[mac105]

PA. [quote]Old 06-15-2003, 12:12 AM
jh112 jh112 is offline Member
Join Date: Mar 2003
Location: PA
Posts: 85
The place to start is Vital Records, where the birth and death certificates are recorded. THEY know the law pertaining to your state. While the laws may differ from state to state, this is the office to ask. Check in your phone book or call your county court house and they will direct you to that office. Do not ask hospital personnel. My son and daughter in law got ahead of themselves and the baby was born before the marriage. They wanted to put my son’s last name on birth cert. I told them they could do that. They filled out the paper, and I left. A nurse came in, saw the name, and tore up their paper saying the birth certificate had to have the mother’s last name for baby. Kids called me. I told them they could legally name that child Daffy Duck if they so chose. So, I went to vital records and they were kind enough to print out a page that said exactly what I was saying all along, and they went a step further and contacted the hospital while I was there. Yes, the father may? will? have to sign an acknowledgement of paternity. While the mother and baby are in the hospital, it makes sense to put on the card in the nursery the “baby girl/boy & mother’s last name.” But as far as the last name on the birth certificate goes, check with the correct office. Period. THEY know the law pertaining to your state.[quote]

[nextwife]

Legally, the FATHER has the legal right to file for custody, or visitation, joint legal custody or joint physical custody. And that is true once he legally establishes paternity, whether the child ultimately bears his name or not. The child is both of theirs and if he wants to share custody, likely he will be allowed by the court unless there is some outrageous history to preclude that.

[LdiJ]

Originally Posted by Lindabird

What is the name of your state?What is the name of your state?What is the name of your state? Nebraska

My daughter is unmarried and is about to have a first child. Does she have the option of giving the baby either her's or the father's last name?

If she can use the father's last name, and chooses to do so, would the father be able to legally take the child from my daughter? How would we be able to find out what rights the father has regardless of the last name chosen?

Your daughter can give the baby any surname that she likes. Giving the baby the dad's surname doesn't confer any particular rights.

However as nextwife said, the father has the right to establish paternity and visitation/custody no matter what last name the child has.