The Last Name of My Unborn Child

Updated on July 17, 2011
C.M. asks from Alachua, FL
25 answers

My husband has left me at 29 weeks pregnant. I currently cannot proceed with divorce proceedings because I have no way to get in contact with him. I really do not want my unborn son to carry my husband's last name. Is it legal in the state of Florida to just give him my maiden name?

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C.B.

answers from Kansas City on

seriously, when i had my son they literally handed me a form and i wrote in whatever name i wanted. it has absolutely nothing to do with legality - YOU pick the name. good luck dear...

3 moms found this helpful

T.C.

answers from Dallas on

I totally understand why you want to name baby after you. I would feel similarly, I think! It sounds like you have excellent advice already. (((hugs)))

1 mom found this helpful

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S.H.

answers from Honolulu on

Per what your Husband did, the term "abandonment" would be used.
And you have NO idea where he is nor how to contact him.

DOCUMENT everything that has transpired.

Then, NO, you do not have to put his name of the birth cert.
I would put your name.
Putting his name of the birth cert., would impact things per child support too, though.
And per 'custody'.... ????
Be aware that there are different types of 'child custody.'
*There are MORE than just 2 types of child custody.
RESEARCH "types of child custody" online.
Please.
So that you are informed. No matter what happens.
Here is just some links on it:
http://divorcesupport.about.com/od/maritalproblems/p/chil...
http://www.legalmatch.com/law-library/article/types-of-ch...
http://www.nolo.com/legal-encyclopedia/types-of-child-cus...

Consult with an Attorney, per last name of your child etc. And what is best.

But, personally, I would not put his last name on the birth cert. if that were my child.

Again, your Husband "abandoned" you....
And left no information for you to contact him. THUS, increasing his 'abandonment' action.

Document everything.
Tell your family/friends etc. so that you have 'witnesses' to what has occurred.
And, get help from them, for you/your child.

4 moms found this helpful

R.R.

answers from Los Angeles on

YOU pick his name, and he doesn't have to have his father's.
God bless❤

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C.S.

answers from Chicago on

i only read a bit of this, but a child's name has nothing to do with weither or not your estranged husband will have to pay child support in the future. a paternity test will determine that. name your child what you want. there are plenty of children who carry their mother's name. good luck to you.

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J.B.

answers from Detroit on

In Michigan I believe you can give any name you want you just can't list someone as the father unless you are married or if they sign a paper saying they are the father. I am so sorry you are going through this. I agree with the others I am sure you can get the divorce with out knowing where he is. Although here in Michigan I don't think you can divorce until after the baby is born they told one of my friends she had to wait until after the baby was born don't know for sure how true that is but if you call an lawyer they should be able to tell you the first visit is usually free. Good Luck

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H.S.

answers from Detroit on

I agree with a lot I've read here so far; in Michigan, you're handed a form to fill out ... it's what do you want to be on the birth certificate. Simple as that.

As far as custody goes, there are two types; my ex and I have been separated for about a year now and while I have physical custody of the kids, we have joint custody of them as far as any medical decisions go. We also only live about 45 min apart and he works about 20 min from where I live which makes it easier.

I feel for you, this can't be easy to handle. Was your husband ever physically or emotionally abusive to you while you were together? If he was, legal aid should be able to represent you in a divorce proceeding free of charge. Good luck C., and I hope you have a bunch of friends and close family members to support you in this difficult time.

@}----------

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A.B.

answers from Orlando on

You can give him your maiden name :-) I had a friend with similar situation and her baby has her last name not the father.

2 moms found this helpful
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D.P.

answers from Pittsburgh on

I'm thinking your attorney would be responsible for finding him, right?

As far as I know, you can name your child anything you'd like.....

Good luck!

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S.B.

answers from Redding on

I just wanted to let you know that the last name of your child has nothing to do with child support or paternity. You can give your baby the last name "Flintstone" if you want.
Also....yes you CAN proceed with divorce proceedings. My sister's 1st husband stole my family blind and disappeared on his way out.
She tried to track him down and none of his family would admit to knowing where he was so she filed and had to run legal postings for X number of weeks in X number of publications.
He never responded, which is called defaulting. Done deal.
She also obtained sole legal and physical custody of their child that way.
The child is 19 now and she's never heard from her ex husband in all these years. Not once.
I'm sorry you're going through this, but you can make it through.
Contact legal aide in your county of residence for help.

Best wishes to you.

2 moms found this helpful

V.W.

answers from Jacksonville on

Not sure about the last name part. But you CAN proceed with a divorce. It's called "publication" and they list it in the newspaper. Contact any attorney who handles this type of divorce.

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M.D.

answers from Minneapolis on

In MN you can give your child any name that you want to. My son has my maiden name, and my twins and I share our last name with my hubby. Its up to you if you want to put his information down on the birth certificate or not. The one I physically have for my son just has my name on it (I don't know what is on it now that child support was put into effect).

1 mom found this helpful
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T.V.

answers from San Francisco on

If your husband has abandoned you and your unborn child, you can proceed with a divorce action and you decide the name (first, middle and last) that will be on the child's birth certificate.

However, keep in mind in the future, your child will have questions about his father and his father's family. You married this man so there must have been something about him that you loved in the first place. Even if you do divorce the man, things may change and he may seek a relationship with this unborn child.

I know you are angry and hurt, and advise that you don't do anything hasty that you might regret. Where is your husband's family and do you have a relationship with them?

Blessings......

1 mom found this helpful
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J.B.

answers from Boston on

Yes - you can name your child anything you want. Your child's name has no bearing on or relationship to your marriage or his or her parent relationships.

1 mom found this helpful

C.O.

answers from Washington DC on

I don't know...I'm sorry to hear this...

I would google state laws in Florida...it doesn't seem like you would have to use his last name...from what I know - you can put ANY name on the birth certificate...you just have to list the biological parents correctly.

You might need to put a listing in the newspaper to show the courts that you tried contacting him. I believe that's how you can proceed with divorce proceedings if you cannot contact him - they probably will want proof of submission and printing - I don't know...

Contact a lawyer and start doing what you got to do..if you don't know how to contact him - start with his work/business human resources department...if he's missing - file a missing person's report....do something to get the ball rolling...contact his bank - you have his social security number - try his parents, family, etc...

GOOD LUCK!!

1 mom found this helpful

M.M.

answers from Tampa on

You can name your child whatever last name you wish... if you use your birth name, no one can stop you. If you are legally married you can use your husband's name... if you have a partner tho, you must have him sign the birth certificate as well approving the use of his name.

I am happily married but all my children have my birth name - as do I because I never changed it to my husband's and never will.

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C.W.

answers from Phoenix on

you can file and then send the papers to his last known address. talk to a lawyer, but it can be done :) good luck

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A.S.

answers from Boca Raton on

You CAN proceed with the divorce! As long as you can prove that you have conducted a reasonable search. Speak with your attorney. If you cannot afford one, then you can speak with an attorney at a courthouse.

And you can name your son what you want. As his other parent, he is required by law to pay child support. It doesn't matter what your son's name is. That is still his child.

Of course, collecting child support from him may be another story, but you should still file the papers so that legally he is responsible.

Best of luck to you. Speak with an attorney. It's only $15 for 15 minutes to speak with a legal representative at the courthouse. They cannot give advice but they can tell you what your options are and how you can go about filing the correct papers.

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T.L.

answers from Orlando on

You can give him your maiden name. You can even make up another last name if you want. A friend of mine had a baby and she mixed her last name and the father's last name and made up a whole new last name. Your husband doesn't even have to be listed on the birth certificate. Congrats on the new joy. Good luck!

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G.B.

answers from Oklahoma City on

The thing is that the child is your husbands child too, I don't think it is legal or proper to do what you are thinking. If he gives up his paternal rights then it is your sole opinion that counts. I think that is what I would try to do, that way he has no say in anything and he does not ever have to have any contact with you or the child for the rest of his or their lives. Not even child support or visitation. It should be easy once the baby is born and the divorce is finalized.

I understand some states still have laws in effect that state a married couple may not file for divorce if the wife is expecting. I know some of the bigger states that are much more liberal do have more up to date laws about it though. In Oklahoma they still have the long waiting period after the papers are signed before the divorce is actually final. They want to give the couple a long time to reconcile if at all possible.

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W.T.

answers from Jacksonville on

My friend, in AL, had a similar situation. She gave her son her maiden name and didn't put the father on the birth certificate. Nearly a year later the father showed up and wanted contact. In order for her to get child support she had to amend the certificate...and the last name.

It's a hard decision to make in a difficult time, I know, but if you can get him to relinquish rights you'll never be eligible for child support. Which is more important?

Good luck and know that you can do something right now. Don't wait on him to sign papers and postpone your life. Enjoy that wonderful baby boy!

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R.A.

answers from Boca Raton on

Sorry to hear about your situation. BUT.... now obviously this is my opinion only. If he left you and didn't give you a way to contact him, I'm assuming you wouldn't want him back. I would put my maiden name on the birth certificate for my child and leave it be. If you can afford to support your child solo, that's great. If you want to try and get money from him or the state you either go after him or explain that you don't know who the father is or something. I don't know.... I'm sure you're very emotional right now, and who can blame you. I just am concerned about you and your child in the future. If you don't make an easy path for your 'husband' to torture you later, it will help you in the long run. I mean that you don't know what the future holds, you don't know if he'll show up demanding your child or going psycho or whatever. If he has no legal rights that would help you.
Think long and hard what you want to do.
I hope you have a wonderful support system and have a safe and healthy birth.

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S.S.

answers from Daytona Beach on

in the state of FL you can give your child any name you want to. And child support doesn't matter. If you are married to a man (any man) and you give birth to that child, he is responsible for child support regardless of whether or not he is the father, until and unless there is paternity established. BTW, i used to work in Family Law in the courthouse. You can only "publish" for your divorce if you are declared indigent. If you have the money to file for divorce than you have to try to find your husband (if you don't know where he is). it can be a long, ardous process. I saw a woman who had seen her husband in 20 years. And she couldn't get divorced from him because she had not proven where she had tried to contact him good enough. this was after contacting all military, USPS, Social Security, and a number of other sources. If you aren declared indigent, the courthouse will do everything for you. and post in the paper.

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A.M.

answers from Orlando on

You can give your child whatever last name you want to. Also, if you're husband isn't there to sign the certificate, he won't even be listed as the father.

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S.S.

answers from Miami on

I think you can but then you may close the door to collecting child support from him. Not sure how that goes these days with paternity testing and all. Contact free legal advice through one of those agencies.

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