I am having a baby with my boyfriend by I am still legally married can I give the baby my boyfriend’s last name? 14 Answers as of May 21, 2013

I am still legally married to my ex husband.

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Dennis P. Mikko Attorney at Law | Dennis P. Mikko
There is a rebuttable presumption in the law that a child born during a marriage is a product of the marriage. Since you are still married, your husband is presumed to be the father. In a divorce proceeding you could challenge your husband's paternity. This would require the biological father to come forward and admit paternity. Once non-paternity of your husband is established, the baby's birth certificate could be amended to reflect the true father.
Answer Applies to: Michigan
Replied: 11/14/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Interestingly, a mother can put any name she wants on a birth certificate, no matter who the father is. This does not make that man the father, nor does it effect custody or support. You should get a paternity test and determine who the father is and then get a support order if it is not your husband, unless you know for sure it is not your husband's.
Answer Applies to: New York
Replied: 11/14/2012
Law Office of Melvin Franke | Melvin Franke
Yes, but the child is presumed to be your husband's.
Answer Applies to: Missouri
Replied: 11/14/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If the boyfriend is the father, yes.
Answer Applies to: California
Replied: 11/14/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
The child will be your husband's child.
Answer Applies to: Florida
Replied: 11/14/2012
    Law Office of Maha A. ELKolalli, P.A. | Maha A. ELKolalli
    Yes but you should be aware that any child born during a marriage is considered to be a child of the marriage and your husband has legal rights as the father of the child regardless of what you put on the birth certificate.
    Answer Applies to: Florida
    Replied: 11/14/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    It might be time to go ahead and retain an attorney, and file suit for divorce.
    Answer Applies to: Georgia
    Replied: 11/14/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Your husband is presumed the legal father until a court determines otherwise.
    Answer Applies to: Wisconsin
    Replied: 11/14/2012
    James Family Law Firm, P.C. | Amber Yerkey James
    Your husband is the presumed father of your child. If he persists in this presumption, your boyfriend will not have any rights to this child.
    Answer Applies to: Alabama
    Replied: 11/13/2012
    Ezim Law Firm | Dean Esposito
    The only way you can do so is at birth, you, your husband, and boyfriend will have to execute an affidavit stating that your boyfriend is the father of the child. It is a 3 party affidavit you can obtain from Louisiana Vital Records.
    Answer Applies to: Louisiana
    Replied: 11/13/2012
    Havens Law, LLC
    Havens Law, LLC | William Havens Nebeker
    Yes, you can. When the child is born just make sure the guy asserting to be the father is on the Birth Certificate and when you name the child you may give the name you want it to have.
    Answer Applies to: Utah
    Replied: 11/13/2012
    The Children's Law Group | Tamara Chin
    No.
    Answer Applies to: Washington
    Replied: 5/21/2013
    John Russo | John Russo
    Why not it is his baby, if you give it your husbands last name guess what happens, if you said he becomes the daddy you win. And if you did not do something within a reasonable time frame all the DNA test in the world won't change that fact.
    Answer Applies to: Rhode Island
    Replied: 11/13/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You need to file for divorce. Hopefully your husband does not try to claim the child as his.
    Answer Applies to: California
    Replied: 11/13/2012
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