Man and woman married. separated. pregnant. does father have right to baby having his last name. please help?

nwtobe

Yes, if it's his baby. They're married and although they may be separated, they're still legally bound. The father has every right to demand that the baby be given his last name and if I were him, I would refuse to sign the birth certificate if anything else was put in.

Why assume the man left? She didn't say that in her question. She only said they were separated. Maybe the mother is the one who left!

helix

I read your question and looked it up. its the man's baby

the_theif888

that is entirely up to the couple to decide. if she has custody of the child after birth, i would think that it the mother would have the final say, though.

cindos_69

yes the child should have his last name. if these people are seperated and not divorced, then by all means. it's half his kid too.

purple

as long as they are not divorced the baby will have to have his last name.

justthisonce

Sure, he has the right, but that's really up to the couple to decide. The mother also has the right.

WhatAmI?

The baby can have the father's last name. BUT the baby DESERVES a father's love and support. Child support is more important than the last name the child is given.

CHILD SUPPORT MUST BE PAID! Don't know if the asker is the father or mother, or concerned third party.
Child needs a full time father! Child needs a full time father! Child needs a full time father! Child needs a full time father! Child needs a full time father! Child needs a full time father!

If the parents cannot raise the child together then perhaps the child should be PUT UP FOR ADOPTION!

If the mother thinks she can raise the child alone (bad choice in many cases) then she MUST DEMAND CHILD SUPPORT.

If he cannot or does not then the child needs FINANCIAL SUPPORT!

CHILD SUPPORT IS MORE IMPORTANT THAN A NAME! CHILD SUPPORT IS MORE IMPORTANT THAN A NAME! CHILD SUPPORT IS MORE IMPORTANT THAN A NAME! CHILD SUPPORT IS MORE IMPORTANT THAN A NAME! CHILD SUPPORT IS MORE IMPORTANT THAN A NAME!

Wyatt Earp

Not if you are seperated...the judge will always side with the Mom...so it should be :)

annie red

Don't know if you are referring to the legal right or moral. But if you are going to be rising the child, taking him to appointments enrolling in school etc, I strongly urge you to give the child your name. Iits less confusing for the child and for everyone that you come in contact with. I know this first hand. Also at some point you and your child may have to have a passport and the same last names make a huge difference when traveling out of the country, seriously you can not imagine the BS I just went through to renew my children's passports. If the father is insisting on his name, then do a hyphen name and then drop his for day to day use. Please before you make this decision you really need to think about this because its a serious decision, if I could do this over again I would have given my kids my last name and that was 20 years ago.

meathead76

I don't think it's a right- but I thought it was the norm.

bren_jim

If he is going to be a father then yes but if he is not give the child your name.

Jbcanfi74

yes he has the right but she can choose to put his last name or hers. It is up to the woman and as far as I know, the man doesn't have much say in it. She can choose to leave the father's name blank if she wishes I believe.

wildraft1

Yes....you are the father (I'm assuming) and you're not divorced. The mother cannot omit you from the birth certificate, which gives the child your last name.

msladybug17268

omg if the child is his he has all the rite..............come on now girl.........that is the babys daddy for god sake...............i do hope he is the daddy

beauvoir_babe1865

I think he can only push so far as to having the situation of : yourname-hisname

Speaking of pushing...ask him if he plans on pushing the child out of your womb for you if he starts being an idiot. Remind him it "takes two to tango" and DON'T GIVE UP ANY GROUNDS WOMAN! Fight this one out if you have to - this baby is IN you!

zil28ennov

Yes definately! If you are not divorced, just seperated then your wife should have your last name, so the baby will automatically get that last name anyways. If not, then I'd definately fight for it. I believe that children should have their father's last name.

One of my husband's friend's ex-girlfriend changed their daughter's last name from his to her name. He took her to court to have it changed back to his last name. The judge told the woman that if she wanted to keep getting child support then she had to change the name back.

islalinda

i think its legally got to be.......if youre still married and its yours...

slatka_zeka

Its your choice, you must also think of Daddy being part of this. My suggestion is attempt to work out your issues between each other. My parents had a tough marriage, and were married for 30 years, they started having problems when I was two, stuck it out until I was 18 then moved on...maybe something to think of!

I Bleed Black & Gold

i think so,but im not sure.

roritr2005

Yep, 'fraid so. However I would use your maiden name in there as well. It makes it much easier if you do divorce if the child you are picking up at school has your name as well. If you were divorced or single, it would be a different matter but since you are still married and will be when the baby is born(?), you have to put his name in there. You can, however, put any other name in with it you like. Good luck!!

karrybear_2000

as parents to this innocent child, they should be able to discuss it and decide what is best for the CHILD. Of course he has the right to wanting the babe to have his last name. At the same time what difference does it make what name the child has. In the end it's important that he has 2 parents that care enough about him to parent together, even though they are not a couple. I don't care what my name is but i know that my divorced parents love ME when we all have christmas dinner together.

jewel of the nile

mom gives birth, mom names child. I did it that way, only I did ask the father what he thought, but that was my choice.

Cherokee_pride

Not sure, but you could try and work out a compromise by having both last names. I had a friend who had two last names, and her parents were together.(her mother was a feminist.)

zenkitty27

Not any more than her having the right for the child to have her last name. They should find a compromise. If they can't compromise on a simple name they will never compromise on anything with the child. They both need to grow up. For the sake of their child. If it's a boy...let him take daddys name. Girl...let her have mommys name. Was that so hard? I think it's fair.

iluv50cent94

HECK YES

stohlio

are you currently married? if not, then the mother chooses the name on the birth certificate. she could put the name "Moonshine Scooter" if she wants and give the kid neither her nor your last name. the name on the certificate is up to the person in the delivery room. sorry, man. if you want your child to have your name, then you need to do some sweet talking and fast.

pbmao_1

ethically yes

mischa

You can put any name on the birth certificate. If you are divorced, he may not have some say.

lizgolde

It's a tough one. If they are thinking divorce and the baby is most likely going to live with the mom, she may have good reason to want the baby to have her name. But if they have been married a while and the mom took her husbands last name, I think she should consider keeping the name and letting her baby have it to.
Either way the dad will always be the dad. Like they say "a rose by any other name ..."

ericson_m16

my situation; i don't have my dad's last name i got my mom's

Been reading all this stuff and have a different question though. What is the mother is still married to her first husband, she is seperated but not divorced. She gets pregnant with her boyfriends baby. Can she give their baby the real fathers name or because she is still married does she have to give the baby her estranged husbands name?

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