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You would not get in criminal trouble for giving your child a different last name from your husband. The law, however, assumes that whatever last name you give the child, if the child was born while you were married (even if separated for years), then your husband is the father of the child. Not too many years ago courts would not even entertain evidence tending to show that someone other than the husband was the father of the child, as the social stigma of illegitimacy was so large as to outweigh the rights of husbands who were in fact not fathers, or of non-husbands who were. Today the presumption of the husband's paternity is a "rebuttable" presumption, meaning you are allowed prove someone else is the father, by genetic tests, for instance, This lets the husband off the hook for child support, and makes the actual father liable.

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Q: Can you get in trouble for giving your baby a different last name from your husbands?
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