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I want baby to have my last name

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J

jm3971

Junior Member
What is the name of your state (only U.S. law)? CALIFORNIA

My boyfriend and I are having a baby girl. I have doubts that we are going to end up getting married. As a result, I would like to give her my last name. He wants her to have his. Do I have the legal rights to give her my last name if he is listed on the birth certificate as her father?
 


C

CourtClerk

Senior Member
You can name the baby anything you want. However, this is also (presumably) his child, why not give her his last name? Whether or not you two ever get married (next time think about that BEFORE you make the baby), this is FOREVER going to be her father....

Besides, he can always petition to have the child's name changed in court and with a new baby, it's sure to be done. Are you going to want his child support?
 
V

VeronicaLodge

Senior Member
CourtClerk said:
You can name the baby anything you want. However, this is also (presumably) his child, why not give her his last name? Whether or not you two ever get married (next time think about that BEFORE you make the baby), this is FOREVER going to be her father....

Besides, he can always petition to have the child's name changed in court and with a new baby, it's sure to be done. Are you going to want his child support?
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court clerk, im curious as to why it is more likely the baby would get the fathers last name than the mothers?
 
J

jm3971

Junior Member
VeronicaLodge said:
court clerk, im curious as to why it is more likely the baby would get the fathers last name than the mothers?
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Hi Veronica,
He says that it is tradition for the baby to have the father's last name. The only issue is that if we don't end up getting married, I will end up spending 80% of the time with the child (enrolling her in school, classes, taking her to doctor appointments, getting her insurance, etc.) and I would want her to have the last name as me. I am wondering if he has any legal rights to force me to make her last name his name.

And, if we do work through our issues and end up getting married....would he have to adopt her since her last name was not his (even though he is the actual father)? Someone told me this and it sounded crazy....but I thought I would ask.
 
Zigner

Zigner

Senior Member, Non-Attorney
Well, instead of attempting to trample on the rights of the father - just change YOUR name! :rolleyes:
 
C

CourtClerk

Senior Member
jm3971 said:
Hi Veronica,
He says that it is tradition for the baby to have the father's last name. The only issue is that if we don't end up getting married, I will end up spending 80% of the time with the child (enrolling her in school, classes, taking her to doctor appointments, getting her insurance, etc.) and I would want her to have the last name as me.
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My child has had a different last name of my own and I've NEVER had a problem enrolling him in school, taking him on vacation, making or attending doctor's appointments, getting him on insurance or anything else, and I have him 100% of the time....
I am wondering if he has any legal rights to force me to make her last name his name.
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He has a legal right to ask the court to ORDER the child's last name changed.
And, if we do work through our issues and end up getting married....would he have to adopt her since her last name was not his (even though he is the actual father)?
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Nope.
 
L

LawStudent99

Member
jm3971 said:
Hi Veronica,
He says that it is tradition for the baby to have the father's last name. The only issue is that if we don't end up getting married, I will end up spending 80% of the time with the child (enrolling her in school, classes, taking her to doctor appointments, getting her insurance, etc.) and I would want her to have the last name as me. I am wondering if he has any legal rights to force me to make her last name his name.

And, if we do work through our issues and end up getting married....would he have to adopt her since her last name was not his (even though he is the actual father)? Someone told me this and it sounded crazy....but I thought I would ask.
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its compleately crazy.... teenagers shouldnt have babies.

Why you wouldnt want your baby to have his dads last name is silly. If you both have the same last name, and you arent married it appears to strangers your baby has no father. Which becomes more and more sad over the years.
 
M

mommyof4

Senior Member
jm3971 said:
Hi Veronica,
He says that it is tradition for the baby to have the father's last name. The only issue is that if we don't end up getting married, I will end up spending 80% of the time with the child (enrolling her in school, classes, taking her to doctor appointments, getting her insurance, etc.) and I would want her to have the last name as me. I am wondering if he has any legal rights to force me to make her last name his name.

And, if we do work through our issues and end up getting married....would he have to adopt her since her last name was not his (even though he is the actual father)? Someone told me this and it sounded crazy....but I thought I would ask.
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No, he would not have to adopt his own child. Don't take any more advice from your friend.

I vote for hyphenation of the names. The child is 50% of EACH of you. You both want the child to have your names. Hyphenation acknowledges both of you and gives both of you what you want. This is not that big of a deal compared to everything else that is bound to come up.
 
T

TinkerBelleLuvr

Senior Member
I want, I want, I want ... trhow in some foot stomping while they are at it ...

How about acting like an adult since you've chosen to bring a life into this world.
 
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