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me and my husband were married, but had only been married for a month. and when the baby was born i still hadnt changed my last name, but i could just write down what i wanted. I dont know if they would except it if his name is not on the birth cirtificate as well so make sure his name is there. but i know plenty of cases where the mother has a different last name then the child because they never got it changed. I didnt have to show proof of our marriage either so i dont think it matters you should be fine. i had my baby in Nevada, and the other cases im aware of are in California.

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13y ago
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16y ago

My ex-husband put his name on my oldest daughters birth certificate when she was about 5 years old. I didn't change her last name to his. It's a personal choice if you are not married to that person.

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14y ago

No. You can legally give them any last name you want.

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12y ago

no, and the norm is to take the Mother's last name. The Father has no inetrest in the naming of the child unless you are married.

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16y ago

No.

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Q: Does the mother have to marry the father in order for the baby to have his last name at birth?
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Does the father have to sign the birth certificate in the hospital?

I know that in the state of pennsylvania, the father must be present to sign the babies birth certificate in order for the baby to have the fathers last name.


If the father is not on the birth certificate does he have parental rights in Texas?

No. An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Can a father force an unwed mother to give her baby his name in NJ after the birth certificate is already signed and done?

By court order, he can, if he's under a child support order.


Can you put his name on the birth certificate if he cant sign the birth certificate?

Putting a father's name on the birth certificate does not make him legally the father if you are not married to him. You can put his name on the birth certificate, but realize that it has no legal impact. In order to have paternity established, it has to be done with a court order.


Who has custody when both of the parents names are on the birth certificate?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

Related questions

Can a mother use the father's last name if they were never married?

In Utah, if father isn't present at the birth of child, a paternity test has to be performed in order to list him on birth certificate.


Who has right a child if the mother and father both sign the birth certificate?

It depends on the state. In some states, a father who is unmarried to the mother acquires legal rights by signing the birth certificate. In other states, signing the birth certificate conveys no legal right, and the father still must proceed with a legitimation or paternity proceeding in order to become the legal father.


The father is over eighteen. The mother to be is a minor. Can the father's name go on the birth certificate?

A birth certificate is a government record and the father should sign it in order to document the child's parents. Otherwise he will add to the problem of a generation of children whose birth records are incomplete. If he has concerns because the mother is a minor he should consult with an attorney.


The father of the child can marry the mother without a parent consent if they are 17 in the state of Georgia?

They either have to have the parental consent or a court order to get a marriage license.


Can you marry at 17 if you had a child with the father?

In the US you can if you have a court order or parental permission. A few states will issue a license if the birth certificate names the parents.


What provoked Laius and Iocaste to order their only son to be murdered?

A oracle predicted that thier son would kill Laius his father and marry Iocaste his mother.


Does the father have to sign the birth certificate in the hospital?

I know that in the state of pennsylvania, the father must be present to sign the babies birth certificate in order for the baby to have the fathers last name.


If the father is not on the birth certificate does he have parental rights in Texas?

No. An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Can a father force an unwed mother to give her baby his name in NJ after the birth certificate is already signed and done?

By court order, he can, if he's under a child support order.


If the father's name is on the birth certificate does that mean he has legal rights to keep my kids from me?

No. He will have to petition the court for shared custody. An unmarried father has no right to keep the children from their mother unless there is a court order to that effect. He has no personal legal authority to keep the children. In the absence of any order, if he takes the children and fails to return them to the mother she should call the police. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


You are not married and there is no court order of custody. What can you do if the other parent takes your child?

An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Does the mother have more rights then the father?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.