If a husband and wife are divorced before their child is born, is the mother of the child required to give the baby the father's last name?
You never HAVE to give the baby the father's last name. (You don't have to give them yours either. You could make one up if you really wanted to.)
However, you should list the father on the certificate to establish paternity. This will help if you need to file for child support.
I don't believe you have to give them the last name ever if you don't want too. But if you want the father involved and you want child support. Of course, if your husband is the father, there must be a reason you are asking. So, that might mean you don't want him involved.
The choice is yours, but think long and hard on your reasons and if the decision you make is right for the child and you are not just being angry or bitter due to the divorce. Your decision will be with your child FOREVER so make sure you choose wisely.
Good luck
No, but if you don't give the child the father's last name, you might be setting up your child for a father who wants nothing to do with him/her. Unfortunately, men can be like that.
I think you should give your child his/her dad's last name to keep him involved. It's more important that your child has a relationship with his dad than any name he has.
No, and if he isn't present at the delivery, he usually is not able to be on the birth certificate either. At least that is the way it is in CA.
I am pretty sure you can give your baby any name you want....
Please remember that at one point you loved this man....loved him enough to marry him...and loved him enough to make a baby with him...
Why should your baby be denied its father's last name, and sense of self, and family because you no longer love him?
The mother isn't required to give her child the fathers last name even if they are married. The child should take the mothers last name if the mother is the one who will be doing all of the primary care, ie: Dr.s appointments and school enrollment, etc.
And, he doesn't have to be present at the delivery to be on the birth cert. This is false. Women who give birth when their husbands are deployed still put them on the birth cert. If you are not married the father will have to sign a declaration of paternity and can then be named on the cert. They DO NOT have to be present. That is absurd. What if he doesn't want to see it? They can't force him.
You can give the baby any name/last name you want to. I would opt not to give the baby the fathers last name. I made that mistake and recently went to court to have it reversed. It will not effect child support if the last names do not match. If the father is not present during delivery, you can still file for child support. He can sign a form stating he agrees he is the father or they can force him to do a paternity test at the child support hearing. You can later pay to have the birth certificate altered to add him to it. It costs about $50.
