Common Law Marriage

I have been living with the father of my unborn child for 10 months. We live in Oklahoma. I'm trying to find out if we are considered common law married and if we are what I have to do to start using his last name. I am also trying to find out how to get his name on the birth certificate because the hospital that I go to will not put his name on there unless I am legally married. Our child will be given my last name if I am not legally married.

[rmet4nzkx]

Oklahoma recognizes common law marriage, living together does not automatically make it a common law marriage, you have to hold yourself out to be married, etc, here is a link with more information about common law marriage in Oaklahoma, if you take this course, then it would require a divorce should the relationship end. [url]http://www.divorcenet.com/ok/ok%2Dart02.html[/url]

Establishing paternity in Oaklahoma does not require you to be married however there are proceedures you must follow, that may be what the hospital is referring to.
Oklahoma Paternity FAQs

1. What does it mean to establish paternity?

Establishing paternity is the legal process used to determine the legal father of a child.

2. What is the easiest way to establish paternity for a child?

The easiest way to establish paternity is for the mother and biological father to voluntarily complete, sign, and have the Affidavit Acknowledging Paternity witnessed at the hospital at the time of their child's birth.

3. Where can someone get an Affidavit Acknowledging Paternity form?

Upon the birth of a child to unmarried parents, hospitals are required to provide an Affidavit Acknowledging Paternity to the parents. They are also required to provide written materials and orally inform them of their rights and responsibilities when establishing paternity. The Affidavit Acknowledging Paternity can also be obtained from the Oklahoma State Division of Vital Records, your local county health departments, Department of Human Services offices, local child support enforcement offices, and is now available online.

4. How much does it cost to establish paternity with the Affidavit Acknowledging Paternity form?

There is no cost to the parents for establishing paternity if it is done before the mother leaves the hospital.

5. If paternity isn't established until later, is there a cost involved if I want to have the father's name put on the birth certificate changed?

If paternity is established after leaving the hospital, there will be a $10 fee to have the father's name added to the birth certificate and to receive a copy of the new birth certificate.

[Hisbabygirl77]

Just curious is it you who will not give your child his last name? Because I was told when my children were born that I could give them any last name I pleased. Didnt have to be mine or the fathers if I wanted to I could have named him curious(first name) George(last name)