Is it mandatory in the state of Mississippi for a child to have his or her father's last name if the parents are not married but the father is paying child support?

Answer 1

I�m assuming the last name is different because the father did not voluntarily acknowledge paternity? I assume this because in Mississippi, if you're unmarried but paternity is acknowledged (by both parents signing an acknowledgement of paternity form) then the father�s name is listed on the birth certificate, and the child is given the father�s last name--unless both the mother and father agree otherwise (and if they agree otherwise, then I believe an affidavit has to be filed in regard to that).

You can file for child support even though the child does not have the father�s last name. If Dad has not voluntarily acknowledged paternity, then paternity would have to first be established, and a DNA test would be ordered. Once paternity is established, the court will order that Dad�s name be added to the birth certificate, and "In the event of court-determined paternity, the surname of the child shall be that of the father, unless the judgment specifies otherwise." (Per Mississippi Code 93-9-9)

I�m originally from Mississippi, and in every single case that I�ve personally heard of involving court-determined paternity, the child's last name has been changed to that of the father's. But I will admit that the cases I know of involved very young children (so no situations of a child who�d had Mom�s last name for 10 years and then suddenly had that changed).

I'm getting wordy, I know :) To answer your question--is it *mandatory* for the child to have the father's last name in order to receive child support? No. Is there a chance that the child's last name might be changed? Yes.