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Child's Surname

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playboymommy

Junior Member
Orange County, Florida

I understand FS 382.013(2)(c), however, if the father wants his name on the BC of the child (we are not married, and do not live together), and signs an Affidavit acknowledging paternity, will his surname automatically go on the BC, or will mine? I want to ensure my name will be on the child's BC and not his surname.

Thanks,
PM
 


Zigner

Senior Member, Non-Attorney
Orange County, Florida

I understand FS 382.013(2)(c), however, if the father wants his name on the BC of the child (we are not married, and do not live together), and signs an Affidavit acknowledging paternity, will his surname automatically go on the BC, or will mine? I want to ensure my name will be on the child's BC and not his surname.

Thanks,
PM
Go with a hyphenation.
 

playboymommy

Junior Member
Hyphenation

No can do. I hate his last name. Besides, he'll end up meeting Ms. Right (hopefully), and have however many babies he wants with his last name, this one, however, is getting mine.
 

Isis1

Senior Member
No can do. I hate his last name. Besides, he'll end up meeting Ms. Right (hopefully), and have however many babies he wants with his last name, this one, however, is getting mine.
well... here's the thing. and i'm guessing you haven't had the baby yet.

so, once the baby is born, you can name the baby Candy Apple or Chocolate Twinkie if you want. it's your call.

however, should dad decide, he can take you to court and request a name change to make the baby's name Candy Apple-Smith. it is quite possible the judge will approve it.
 

Zigner

Senior Member, Non-Attorney
No can do. I hate his last name. Besides, he'll end up meeting Ms. Right (hopefully), and have however many babies he wants with his last name, this one, however, is getting mine.
I don't care if you hate it. The FACT of the matter is that you CHOSE this man to be the father your child. Having a uterus doesn't make you superior. :rolleyes:

With that said...as was said previously, name your kid what you want. If he is so inclined, dad will simply ask the court to force the hyphenation, whether you like it or not.
 

AHA

Senior Member
No can do. I hate his last name. Besides, he'll end up meeting Ms. Right (hopefully), and have however many babies he wants with his last name, this one, however, is getting mine.
And YOU can have however many babies that you can give YOUR last name to. Fairness cuts both ways, you know.
 

playboymommy

Junior Member
Just want to know...

Whether it goes to court or not is a whole different aspect. I just want to know if by him signing the affidavit, if it will automatically put his name on the BC.
 

Zigner

Senior Member, Non-Attorney
Whether it goes to court or not is a whole different aspect. I just want to know if by him signing the affidavit, if it will automatically put his name on the BC.
You will both be able to name your child together. That's the great thing about having a baby together.
 

playboymommy

Junior Member
Actually...

And YOU can have however many babies that you can give YOUR last name to. Fairness cuts both ways, you know.
Thanks to good ole tradition, it's typical for a kid to get the father's last name. Where is MY right as a parent to choose what last name the child has? I carry it, eat for it, give birth to it, feed it when it's born, raise it, wake up in the middle of the night to feed it. It's MY milk that supplies nutrition. It's me that carries it to term. If I have the "right" to choose whether to have an abortion or not, without a judge's interference, why don't I have the right to give the child my last name without a judge interfering, and giving it the last name society and tradition dictate is proper and appropriate? All he's contributed is his sperm.

Why must I give up my right for the child to have my last name? Because tradition dictates that the woman gives up her last name when she's married, and a child, born to unmarried parents, should get the father's last name?

Should I decide to have any more kids, I'll most likely be married, and in that case, Florida law dictates that the father's name goes on the BC, even if I don't have the father's last name. Where is MY right as a mother? As a woman?

This is 2009, almost 2010, not 1952.

I'm not trying to sound like a horrible person here, but I don't care about tradition. And yes, I do feel I have a little bit more say in this than he does. When he has to deal with the sickness, the backaches, the soreness, the headaches, having to buy new clothing because nothing fits, the raging hormones, the weight gain, the pain of labor and having everything stretched out, and when he can produce milk from his body to feed the child every 2 hours, then yes, maybe the playing field would be a little more even. Until then, this is my 1 shot to carry on my last name, as my sister and I are the end of the line, and I will move both Heaven and Earth to give the child my name.
 

LdiJ

Senior Member
Whether it goes to court or not is a whole different aspect. I just want to know if by him signing the affidavit, if it will automatically put his name on the BC.
No, him signing the affidavit does not give the baby his last name. The baby's last name is your choice.
 

Zigner

Senior Member, Non-Attorney
Thanks to good ole tradition, it's typical for a kid to get the father's last name. Where is MY right as a parent to choose what last name the child has? I carry it, eat for it, give birth to it, feed it when it's born, raise it, wake up in the middle of the night to feed it. It's MY milk that supplies nutrition. It's me that carries it to term. If I have the "right" to choose whether to have an abortion or not, without a judge's interference, why don't I have the right to give the child my last name without a judge interfering, and giving it the last name society and tradition dictate is proper and appropriate? All he's contributed is his sperm.

Why must I give up my right for the child to have my last name? Because tradition dictates that the woman gives up her last name when she's married, and a child, born to unmarried parents, should get the father's last name?

Should I decide to have any more kids, I'll most likely be married, and in that case, Florida law dictates that the father's name goes on the BC, even if I don't have the father's last name. Where is MY right as a mother? As a woman?

This is 2009, almost 2010, not 1952.

I'm not trying to sound like a horrible person here, but I don't care about tradition. And yes, I do feel I have a little bit more say in this than he does. When he has to deal with the sickness, the backaches, the soreness, the headaches, having to buy new clothing because nothing fits, the raging hormones, the weight gain, the pain of labor and having everything stretched out, and when he can produce milk from his body to feed the child every 2 hours, then yes, maybe the playing field would be a little more even. Until then, this is my 1 shot to carry on my last name, as my sister and I are the end of the line, and I will move both Heaven and Earth to give the child my name.
Oh BROTHER! :rolleyes::rolleyes:

You can name the child anything you want. Father can easily ask the court (and have it granted) that the child's name ALSO have his name (a hyphenation).

Florida law does NOT force the child to have the father's surname if you are married (if you think it does, please cite the law).

YOU think that, because you are the sperm donee, you have superior rights. That is simply untrue.








Poor kid...
 

Zephyr

Senior Member
Thanks to good ole tradition, it's typical for a kid to get the father's last name. Where is MY right as a parent to choose what last name the child has? I carry it, eat for it, give birth to it, feed it when it's born, raise it, wake up in the middle of the night to feed it. It's MY milk that supplies nutrition. It's me that carries it to term. If I have the "right" to choose whether to have an abortion or not, without a judge's interference, why don't I have the right to give the child my last name without a judge interfering, and giving it the last name society and tradition dictate is proper and appropriate? All he's contributed is his sperm.

Why must I give up my right for the child to have my last name? Because tradition dictates that the woman gives up her last name when she's married, and a child, born to unmarried parents, should get the father's last name?

Should I decide to have any more kids, I'll most likely be married, and in that case, Florida law dictates that the father's name goes on the BC, even if I don't have the father's last name. Where is MY right as a mother? As a woman?

This is 2009, almost 2010, not 1952.

I'm not trying to sound like a horrible person here, but I don't care about tradition. And yes, I do feel I have a little bit more say in this than he does. When he has to deal with the sickness, the backaches, the soreness, the headaches, having to buy new clothing because nothing fits, the raging hormones, the weight gain, the pain of labor and having everything stretched out, and when he can produce milk from his body to feed the child every 2 hours, then yes, maybe the playing field would be a little more even. Until then, this is my 1 shot to carry on my last name, as my sister and I are the end of the line, and I will move both Heaven and Earth to give the child my name.

Just wanted to point out that artificial insemination would totally eliminate any other other parental involvement- the kid would be all yours and you could do anything you wanted
 

AHA

Senior Member
Thanks to good ole tradition, it's typical for a kid to get the father's last name. Where is MY right as a parent to choose what last name the child has? I carry it, eat for it, give birth to it, feed it when it's born, raise it, wake up in the middle of the night to feed it. It's MY milk that supplies nutrition. It's me that carries it to term. If I have the "right" to choose whether to have an abortion or not, without a judge's interference, why don't I have the right to give the child my last name without a judge interfering, and giving it the last name society and tradition dictate is proper and appropriate? All he's contributed is his sperm.

Why must I give up my right for the child to have my last name? Because tradition dictates that the woman gives up her last name when she's married, and a child, born to unmarried parents, should get the father's last name?

Should I decide to have any more kids, I'll most likely be married, and in that case, Florida law dictates that the father's name goes on the BC, even if I don't have the father's last name. Where is MY right as a mother? As a woman?

This is 2009, almost 2010, not 1952.

I'm not trying to sound like a horrible person here, but I don't care about tradition. And yes, I do feel I have a little bit more say in this than he does. When he has to deal with the sickness, the backaches, the soreness, the headaches, having to buy new clothing because nothing fits, the raging hormones, the weight gain, the pain of labor and having everything stretched out, and when he can produce milk from his body to feed the child every 2 hours, then yes, maybe the playing field would be a little more even. Until then, this is my 1 shot to carry on my last name, as my sister and I are the end of the line, and I will move both Heaven and Earth to give the child my name.
Wow, you clearly think that you created this child all on your own, and therefore have 100% rights to it while daddy has zero forever. Maybe you shouldn't have any more since every child deserves (and has the right to have) TWO parents.
 

playboymommy

Junior Member
Oh BROTHER! :rolleyes::rolleyes:

You can name the child anything you want. Father can easily ask the court (and have it granted) that the child's name ALSO have his name (a hyphenation).

Florida law does NOT force the child to have the father's surname if you are married (if you think it does, please cite the law).

YOU think that, because you are the sperm donee, you have superior rights. That is simply untrue.



Poor kid...

FS 382.013(2)(a):

(2) PATERNITY.--

(a) If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.


Which also goes for those who are still legally married but not together anymore, even if all parties involved (including hubby) say that the legal husband is not the father... I know 2 people who went through this, and then had to go to court to get it fixed.

As the sperm donee, I do have superior rights, or right, for lack of a better word. If I wanted to have an abortion, I do not need his approval. In fact, he has no say in it. Now, he can take me to court and fight me, but the fact of the matter is, thanks to Roe v Wade, it's my body, and it's my choice. How's that for a superior right? :)
 

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