Whoever you decide as the mother, the mother has to fill out the birth certificate in the hospital and declare the paternity of the baby's father. Once you complete this form, return it to the vital records department in your state. Centers for Disease Control and Prevention: Where to Write for Vital Records, FindLaw: Protection for Unmarried Parents. Once you have filed the form and paid the applicable fee, it may take some time before you receive confirmation that they have changed the birth certificate. He probably won't be happy, but that's the way it is when you're not married first, so he'll have to suck it up!! Or, you might want a name that doesn’t involve either parent’s last name. However, when parents are unmarried, they will have different last names. Every state must include the child's name on the birth certificate. Ms. Neumann and her husband, Ken Goldberg, gave their first child her last name and the next child a hyphenated version of both their last names. The father's name is not a requirement on a child's birth certificate. If you end up marrying the father at a later time and you would like to change your child's name to his fathers you can if the fathers name is on the birth certificate it is very easy to change. We will not be able to get marrried before the baby is born. Depending on the state you live in/the baby is born in. Baby's last name if not married? Otherwise the baby has your last name. I have my father's last name and I wish my mother would've let me have her maiden name(my father is not in my life at all and does not want to be). Also if really concerned you can do a middle name of the baby as one of your last names. In Texas, if he accepts legal responsibility as the father, then he will have to pay child support. Whether the change results from an error or needing to add information like the father's name, you can make changes. Do yourself a favor and just give the baby your last name! You can take this form to the jail, if he will sign it, then you can add him to the birth certificate. The child’s last name on a birth certificate If Angela had lived in one of these states, her ex would not have been considered the baby’s legal father because the couple was legally separated at the time of the child’s birth. A hyphenated last name is just what it sounds like: your and your partner's last names, connected with—you guessed it—a hyphen. However, as you are unmarried, to be identified as the Father on the child's birth certificate, he must execute what is called an acknowledgment of paternity. Just like many legal documents, you can change a birth certificate. In some states, if the father signs the birth certificate and wants the baby to have his last name (even though you're not married) you have no say, the baby gets his last name, but in some states you can have the father sign the birth certificate but give the baby your last name as long as he does not object to it. He should not assume you are the one the has to fill out the papers and it is what you decide. But when the parents are unmarried, there's no such presumption. This decision is completely up to you and do not let others make the decision for you. You can give your baby your last name, or the fathers. It is completely up to you to decide what last name your baby gets, no matter what the father says, and you should point out to him that it is easier for everyone if the baby has the same last name as his/her mother. This portion of the site is for informational purposes only. Good luck!! she does all the work afterall so why should a no-show/no-care daddy have his name carried on? Read more. If she gives the child her last name, it goes through. Deciding the Last Name for Children Born of Unmarried Parents or Out of Wedlock Tennessee law states that an unmarried mother chooses the child’s surname. There is no set rule saying the baby must receive the name of the mother. © LegalZoom.com, Inc. All rights reserved. If a child’s mother is not married when he is born, his father must establish paternity in order to have rights to the child, including the right to change the child’s last name to the father’s name. If it is his baby and you guys are getting married I think you should give the baby his last name. My cousin raped me and I'm 14 and now I'm pregnant. You may have to provide a copy of your driver's license to prove your name matches the name on the birth certificate. If not married automatically the baby gets your last name. You can sign in to vote the answer. The idea that including the father on the birth certificate makes it easier for him to get custody is a misconception. Even if you are registered on the birth certificate as the baby’s father, you have no right to insist that the child is given your surname. In 2017, the queen’s decision remains unusual: In only 4 percent of families, according to a survey by BabyCenter.com, do the children carry their mother’s last name. If the father of the baby wants it to have his name, there is one way for that to happen; that is to marry you. Wife of drug kingpin El Chapo arrested in Virginia, Top volleyball duo boycott country over bikini ban, Pat Sajak called out for mocking contestant, Jobless workers may face a surprise tax bill, Raiders player arrested in Texas street-racing incident, McCain stands by Fauci criticism: 'I'm not a phony', Congressman puts right-wing extremists on notice, 'Bachelor' hopeful suffers horrifying skydiving accident, Colts player won't give up number for incoming QB, Florida official defies DeSantis on Limbaugh tribute, Disney+ adds disclaimer to 'The Muppet Show'. If the mother was not married when the child was conceived or born, or between conception and birth, the birth certificate cannot include the father’s name unless the parents have signed an AOP, or there is a court order establishing paternity. The mother determines the baby's surname. My advice is to give the baby YOUR last name. Who has the right, by law, to name a newborn baby, the father or the mother? He has two choices do that or shut up. Hopes this helps! IF BABY GIVEN MOTHER'S SURNAME OR DOUBLE BARRELLED MOTHER AND FATHER'S AND LATER MARRIES FATHER THEN THE SURNAME CAN BE CHANGED EASILY TO THAT OF THE FATHER/DOUBLE BARRELLED/OR REMAIN IN MOTHER'S NAME. But once you do, you can then request an updated version of the birth certificate to keep with your other important documents. In some states, if the father signs the birth certificate and wants the baby to have his last name (even though you're not married) you have no say, … if daddy doesn't marry mommy and or doesn't do a thing to help raise the baby, then the baby gets mommy's family name. If he does sign it, it is up to you whose name your baby gets, although I would suggest your last name. She's now 14 and has very little to do with her father. Any child born to a married, opposite-sex couple is legally presumed to be the child of the husband. More often than not, the child will automatically take the father’s surname. 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