Can I use my boyfriend's last name on our child's birth certificate? 12 Answers as of June 02, 2013

I am legally married and pregnant with my now boyfriend's child. Can I use my maiden name on the birth certificate and give the child my new boyfriend's last name? I have been separated for three years, getting ready to file for divorce. Can I use my maiden name on the birth certificate and give the child the father's last name?

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Buselmeier Law & Associates, PA
Buselmeier Law & Associates, PA | Theodore W. Buselmeier
I don't know about the maiden name, I would think you would need to use your current legal name. You may use your boyfriend's last name but be warned that it is very difficult to change the child's name later on.
Answer Applies to: Minnesota
Replied: 11/11/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
I am not aware of anything that would require you to use any particular last name for the child. However, I foresee other problems in your situation. Because you are still married, the law in the State of Washington presumes that your husband is the biological father of the child. This means that in addition to the divorce, you are going to have to do a paternity action to straighten out who the father of the child really is. This may not seem that important now, however, it can be very important down the road. It can impact who has to pay child support. It can impact from whom the child can inherit. It can impact how has a right to custody of the child and who is going to be responsible for any expenses relating to the child.
Answer Applies to: Washington
Replied: 11/11/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
A child will legally be known by the name on his birth certificate. You can legally change it later by filing a petition in Surrogates Court.
Answer Applies to: New York
Replied: 11/11/2011
Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
It is my recommendation that you file for divorce immediately. If you are divorced before the baby is born you will be able to use your maiden name on the new baby's birth certificate. You may use the biological father's name on the birth certificate even if you are not divorced at the time of birth. Also, your boyfriend should sign a voluntary acknowledgement of paternity in the hospital when the baby is born.
Answer Applies to: Illinois
Replied: 11/11/2011
Attorney & Counselor at Law
Attorney & Counselor at Law | John Hugger
Any child born during your marriage is presumed under the law of Colorado to be your husband's child. Consult with an attorney IMMEDIATELY.
Answer Applies to: Colorado
Replied: 11/11/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    No you cannot when you fill in the Acknowledge of Paternity you must disclose you are married. And a paternity proceeding has to be commenced.
    Answer Applies to: New York
    Replied: 11/11/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You may; however, he will still be required to prove paternity by being adjudicated the child's father. A DNA test and a paternity action will need to be filed to be eligible to be adjudicated the father. Because you are married the law presumes your husband to be the father of any children born of the marriage. More than likely you will be forced to put your husband's name on the birth certificate because by law he is the legal father. Your boyfriend's paternity must be proven. An attorney can guide you through the adjudication process to have your boyfriend replaced as the legal father. Without being adjudicated the father, your boyfriend will not have rights to the child. Your boyfriend also will to have his name put on the putative father's registry or he will be considered to have given implied consent to an adoption of the child. He will have to act quickly to preserve any of his rights to the child. My suggestion is to seek legal counsel before the child is born to secure his rights as a father.
    Answer Applies to: Alabama
    Replied: 11/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No, and you have a huge problem because the child legally is your husband's unless the divorce court specifically rules otherwise. You need a very good lawyer as you have a huge mess.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Probably not without a lot of extra paperwork, but you need to check with the state vital statistics office.
    Answer Applies to: Colorado
    Replied: 11/11/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Answer Applies to: Michigan
    Replied: 6/2/2013
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