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Texas surname law?

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jacylt

Junior Member
I'm an unwed mother-to-be in Texas, and I would like for my child to have my surname. The father will be present at birth and will sign the birth certificate, however, we cannot agree on the surname, as he wants the child to have his surname. I need to know the Texas law on surnames. Is it ultimately the mother's choice or can he challenge the decision in court? Please help. Thank you.What is the name of your state (only U.S. law)?
 


JETX

Senior Member
Is it ultimately the mother's choice or can he challenge the decision in court?
Once the paternity is established by the court, the court can order the birth certificate with the fathers name.

If the father asks to have his name on the child, that request will most likely be granted by the court. This is an old Texas common law rule that the father has a protectable interest in the child bearing his surname. In re Baird, 610 S.W.2d 252 (Tex. Civ. App. -- Fort Worth 1980, no writ). You could ask that the child's name be hyphenated with yours, or request that the father's name be a middle name, but these requests would be at the judge's discretion.

For more:
Paternity in Texas, birth certificate, child support, custody, fathers rights, paternity testing, visitation schedule
 

LdiJ

Senior Member
I'm an unwed mother-to-be in Texas, and I would like for my child to have my surname. The father will be present at birth and will sign the birth certificate, however, we cannot agree on the surname, as he wants the child to have his surname. I need to know the Texas law on surnames. Is it ultimately the mother's choice or can he challenge the decision in court? Please help. Thank you.What is the name of your state (only U.S. law)?
There is one compromise that is very popular with judges, and that is to give the child a hypenated last name, ie Smith-Jones.
 

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