Whatever your last name is, that's what the baby's should be. WHAT?? Our network attorneys have an average customer rating of 4.8 out of 5 stars. 2 attorney answers. Sometimes seeing a baby name printed with your last name can help you decide if you like a name or not. You can't force her to give the baby your name or to not give the baby your name. The rationale of these laws is to protect the child from being given certain names that may be considered offensive or even embarrassing. The case brought the issue to the attention of the country. The law really doesn't care what you name your baby. By Fox Rothschild LLP on January 10, 2012. Now the father is suing me and wants to change my son's last name to his based only on paternity tests. Eek. © 2021 Everyday Health, Inc. Please whitelist our site to get all the best deals and offers from our partners. When trawling through baby name books, it's fun to string your shortlisted faves with your partner's last name to see how it rolls of the tongue.And while you're deliberating whether Richard with the surname Small is a good idea, it may not even occur to you that you don't legally HAVE to give your baby his daddy's surname.. She is also not required to provide the father any visitation, if she does not wish to do so; does not think it's in the child's best interest; or the child might not be safe. Your baby's name is important. A fee is charged for each submission. (16 § New Name Law.) Create an account or log in to participate. Does it matter whose last name the baby has if you are unmarried parents and what are the legal implications? But if paternity is established, both parents have the right to petition the court to change the child's last name. However, she cannot add the name of her child's father to the birth certificate until paternity is … 0 No votes yet. She is not required to change the name of her baby. Reply. While Canada doesn’t have lists of illegal baby names, some provinces can actually deny your baby name if officials deem it inappropriate.And Saskatchewan is one of them. You may also need to submit a certified copy of the baby's birth certificate. The name has to indicate gender, it cannot be a last name or a product, and it cannot negatively affect the child. How to Change Your Name If a Marriage Certificate Does Not Have Your Married Name. Re: Baby's last name. The baby has my Daughter’s last name and the Father has filed to have the baby’s last name changed to His after paternity is established. DD1 has my ex's last name because we were still legally married when i had her, even though we were seperated and drawing divorce papers, but had i had a choice she wouldve had mine instead. on the throw a fit factor, you are not alone. Last names may be a hot topic for wedding-planning couples, but many parents-to-be find themselves revisiting it when discussing what to name baby. The surname of the child shall be determined by the mother, except if the father's name is entered on the certificate, the mother and father shall agree upon the child's surname. The process to change your child's last name in Louisiana varies depending on the reason and the age of the child. Use of our products and services are governed by our To change a child's name, you must have a legal relationship to that child, generally as a parent or legal guardian. In this age of high divorce rates and DNA testing, gone … If both the mother and the alleged father agree to his parentage, they can name the baby as a married couple would. Assuming the other parent consents, the hearing will be simple and, when it is over, the judge will sign an order permitting the name change. You can find this information online on your state legislature's website or by searching "petition for name change minor [your state name]." 7 Answers. If not, you're in for a treat. So my son has my last name. I want to use my last name but BD flipped out when I told him. In that case he wouldn't even be on the BC until the results came in, right? Moreover, the law removes protection for surnames that are carried by at least 2,000 persons, making these names available for adoption by all. Identification. Anderson. Thank you so much!BD and I weren't together long and I broke it off with HIM soon after I found out I was pregnant. Adoptive parents also have a right to change the name and last name of their … In New Mexico, the only way for BD to be on the birth certificate as the father if mom is unmarried is 1) for him to sign an Acknowlegement of Paternity, or 2) for him to take mom to court and compel a paternity test (or for mom to take BD to court and compel a paternity test). I took my hospital tour of labor and delivery and all the questions you have were answered. Many states offer blank forms online. If the other parent refuses to consent, you must give them notice of the intended name change so that they have the opportunity to object. The woman wants the baby to have her maiden name as it's last name, the father wants the baby to have his last name. We strive to provide you with a high quality community experience. Andrekita Silva. When the other parent objects to the name change or you haven't been able to locate them, it's advisable to consult an attorney before you file anything with the court. Answered on 7/27/01, 6:20 pm To change the name of a minor child—usually considered a child younger than 18 years of age—both the mother and father must consent to the name change. If there is a conflict between the … Dad: Who determines a child's last name? "My last name is James, my husband's is Fitzgerald, and our child's is Fitzjames," says one BabyCenter mom. I know I can name my baby boy Paris Hilton if I want to, my question is can BD contest the name? This sounds odd, but sometimes if the mother has married and still uses her married name even though she has divorced, she may for whatever reason choose to give the baby her maiden name or something. If mom is married, baby’s surname must be the same as her husband, unless the parents agree to change it. Name Change Law and Procedure. Every state must include the child's name on the birth certificate. Father plans on being an active participant in raising child. One can also apply to Ankestyrelsen for approval of new names, e.g. If the biological father wants to be responsible for the minor child then he needs to be present when the baby is born. You may create your own, have your attorney draft one or obtain a form from a legal forms service. Is there a Florida law that can force me to change my baby's name? Privacy Policy. BD told me he will not allow me to use my last name. In Northern Ireland details about a father who is not married to the mother may only be entered in certain circumstances. (2) If the surname of the child includes the mother's surname, mother's maiden surname, or any combination of those two (2) surnames but does not include the surname of the natural father, it may be so entered, but only upon the concurrent submission of a sworn application to that effect signed by both parents who mutually agree to that surname or combination of surnames. First, find out your state's specific rules and requirements. My boyfriend is in Jail and won't be out in time for the birth of our daughter. Read More: Father's Rights on a Child's Last Name Change. Attorneys with you, every step of the way. Traditionally, the right to name one's child or oneself as one chooses has been upheld by court rulings and is rooted in the Due Process Clause of the fourteenth Amendment and the Free Speech Clause of the First Amendment, but a few restrictions do exist.Restrictions vary by state, but most are for the sake of practicality. This discussion is archived and locked for posting. When I got married, I changed my last name to my husband's. Unless the court has issued an Order stating that the child will not take the new surname, the child legally bears the new surname of the parent with custody over … last name as their father. You need to know what papers to file, which court to file them in, how much the name change costs, and how to pay for it. Thank you for subscribing to our newsletter! Sometimes, when the mother has given a child her last name at birth, the father files to have the child’s last name changed to his own last name. In this blog, we will go over some of the Ohio case law on name change efforts and what the Courts look for or require in deciding if changing a child’s last name in Ohio can legally be completed. Register a birth. If not married automatically the baby gets your last name. After the name change, the court will issue a new birth certificate with the changed name. HE WILL LOOSE. In those instances, you should request the name change as a matter of course in the action at … Under the Name Law currently in force, a person can only change his or her last name to a name that has a connection to him or her through family or marriage. A person with parental responsibility for a child is able to change any part of that child’s name. The most common forms you need are a petition for name change, a consent form for the other parent, a notice form, and sometimes a form order for the judge's signature. Are you sure you want to delete your comment? Request for Question Clarification by justaskscott-ga on 04 May 2004 20:38 PDT I should emphasize the … We work hard to share our most timely and active conversations with you. As far as I know right now he wants a paternity test as soon as baby is born. See the Maryland Judiciary's Department of Family Administration's website for forms and instructions. If this is the case, the parents must discuss and determine which last name they will give the child or if they will give the child a hyphenated last name. Whoever registers the birth can give the child any name and surname they choose. Here's how it works in Louisiana: If you and your partner were married "at the time of conception and birth of the child" or if you haven't been legally divorced for 300 days or more, the child would be given the husband's last name. Illinois allows you to change a baby's name as long as you're the baby's parent, have custody of the baby and have lived in Illinois for at least six months. It's much easier if you have the other parent's consent. This educational content is not medical or diagnostic advice. She may have to go to court to make him pay. This action cannot be undone. Court orders can supersede any of the laws for naming a child in Georgia. Plus if you also know the middle name you are going to use for your baby, you can also enter it and see baby names matched with it. Excuse the language but it looks like he just wants to be a pain in the ass. Read More: Paternity Law Regarding Baby's Surname in Georgia. Since you did not you will have to go through a name change in order to change the baby's name and the father will have to be given notice of the Petition for Name Change. The last name of the baby does not affect anyone's rights, nor does the fact that they may or may not be married. Despite local differences, however, the overall process in most places follows the same format. In most states, the other parent must be served personally with the petition or by certified mail if they are not local. We keep them up because there are a ton of great conversations here and we believe you deserve to see them all. Does anyone from Oklahoma know if BD can force me to change it? I have been told that Florida can have me change my baby's last name, which is my maiden name, to his father's last name. Submitted by Karla Baldwin on Mon, 12/07/2020 - 15:48. There is no law about a childs last name except that, if she chooses, she can give the child your name without you being there because you are married. Some situations require a court order to change the last name. A naming law controls the names that parents can give their children at birth. Under BC law, if the parents can’t agree on a last name for a child, the child’s last name will be:. If the baby has another legal parent who is not dead and whose parental rights have not been terminated, you must obtain that parent's consent to the name change, even if their name is not on the baby's birth certificate. Until paternity is established, she enjoys sole legal custody, which means she is the only one with authority under California law to name her child. Birth certificate Paternity. My reasoning is for simplicity, since I will have DS most of the time, and also I don't wish to have different last names. Even if … Posted in Practice Issues. Muñoz, Gößmann) may experience … For example, if a court determines that someone is the father, the mother does not need his consent to give the baby … In Imperial China, a naming taboo prevented people from using the same names as the reigning emperor.. Denmark. This is the norm in many Spanish-speaking countries, where kids get one last name from each parent. There is no law restricting the use of diacritical marks informally and many parents get around the restrictions by doing so. Now we are getting divorced and I want to change back to my maiden name, how do I do that? Perhaps the first person to come to your mind is a handsome, silver-haired news … A child can have the mother’s surname, a hyphenated name made up of both the mother and father’s surnames, or any name the parents choose. In their culture, it's normally 6 months so they're really accommodating by agreeing to 2 months.On the one hand, I've heard that the first month is... Find advice, support and good company (and some stuff just for fun). The Arkansas courts do not provide a formal name change form. Changing a Child’s Surname in New Jersey. Even he wants to take you to court over it saying that he has every right to have the baby's last name be his. State law governs the procedure for changing a baby's last name, so the specifics are different in each state. Here are the basics about changing your child’s legal name when you get divorced in … So, my FIL, since my son was born has been an issue with sharing photos and content about my son without permission. She may give the child the father’s surname if she wants and she does not need the father’s consent to do this. You can’t name your child an obscenity in Louisiana, or use diacritical marks (so, André isn’t allowed). Your state's procedure may be different when only one parent consents to the change. Here's what to do. You must file a petition with the appropriate court, usually a county or district court, asking the judge for permission to make the change. Under Pennsylvania law, if a parent of a minor changes their name legally, and they have custody of that child, the child will automatically take the new surname of the parent. I have never been married and I am not married to the baby's father. When you need to change it, an online service provider can help you complete the documentation specific to your state and file everything with the right court. Many of them DO have stipulations regarding what a baby's surname can be; for example, in Louisiana (where this law is most restrictive) a child of a married couple is REQUIRED to carry the father's last name. However, there are no laws saying that this has to be the case, in Massachusetts or anywhere else in the country, and no law in the United States that requires that the father's last name appear on a baby's birth certificate. The … Browse related questions. It doesn't matter if … Thanks for your question. the parents’ last names hyphenated (for example, “Leung-Boden”), or ; the parents’ last names combined in alphabetical order (for example, “Boden Leung”). Can I give my baby her fathers last name if he is not present at time of birth? Shutterstock. We respect everyone’s right to express their thoughts and opinions as long as they remain respectful of other community members, and meet What to Expect’s Terms of Use. Comply with any notice requirement and submit proof of notice. She can give the child her last name, the father's last name, or any last name she wants. © LegalZoom.com, Inc. All rights reserved. The easiest way to do this is to have the other parent sign a consent form in front of a notary. common first names from other countries. These last names are as interesting as they are simple — and they're sure to make an adorable first name for your mini-you! But what if you can't find the other parent? "They just couldn't accept it. If the parents name their child with a unique baby name that is not present in that list, they may need to obtain permission from the local parish church and then from the government. 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. State law governs the procedure for changing a baby's last name, so the specifics are different in each state. Every year almost 10-20% of the baby … The substantial weight placed on every parents’ entitlement to have their child bear their surname is paramount in the law of New Jersey, and codified by statute. N.J.A.C. If the father is unknown or does not consent to having his name on the birth certificate, the mother must give her child her own surname. This action cannot be undone. Give the baby YOUR last name, especially if you're using a different last name than your husband. You also may want to consult a … For children of unmarried parents, the mother has the sole right to choose the child's first name and middle name. The clerk will let you know whether the judge will hold a hearing on your petition or simply sign the order and return it to you. Eddie Weeks, the state's law librarian, says a 1970s Tennessee law "makes it point-blank clear that, no, you cannot combine two names in any way other than the whole last name … For example, a person with PR can change a child’s forename, surname (or both), add names, remove names, and change the spelling of their name. Don't do it unless you're married though, so I would give your son YOUR last name. Learn more about. Answer Save. How I Stopped Resenting My Unsupportive Mother-in-Law, Father in law keeps posting pictures without permission. 3705.09 Filing and registration of birth certificate. The court must find that the change of name is beneficial for the child and will consider the wishes of both parents. Are you sure you want to delete your discussion? The parents may choose any last name they like for a child, as long as they agree on it. This is also called the Petition for Change of Name (Minor Child(ren)). The content is not legal advice. In cases where the child is born out of wedlock, the child often gets the mother's last name. From the moment he found out my son was born, he posted a Facebook post announcing his birth (without our permission), posting... My husband and I have planned on combining our last two names into a new (but it's normal) last name for our kids, with the plan of eventually changing our names too when the timing worked out. Below are some tips … Baby gets a new name. The naming law in Denmark further states that the name of the baby must indicate the gender and one can never use the last name as a first name. In order to change the legal last name of your child in Florida, you will need to use Family Law Form 12.982(c). However, when parents are unmarried, they will have different last names. The educational health content on What To Expect is reviewed by our medical review board and team of experts to be up-to-date and in line with the latest evidence-based medical information and accepted health guidelines, including the medically reviewed What to Expect books by Heidi Murkoff. Virginia law requires you follow set procedures and have a hearing if the other parent won't agree to the name change, but some parts of the procedure vary by county. Plus if you also know the middle name you are going to use for your baby, you can also enter it and see baby names matched with it. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Georgia Name Changes . Some of the laws restrict the name that one can give a child while others restrict the script that the name … He can take you to court to contest giving the child your last name, at that point it is up to the court to decide how to procede. Have you considered a last name for your baby's first name? Some states give that right to the mother whil… If you give your child a new last name, just be prepared to carry around the birth certificate to prove you are the parents. I've researched the Oklahoma laws regarding this, but cannot come up with anything solid. I want him listed as the father on her birth certificate and I also want her to have his last name. This baby name generator does exactly that! Umlauts (ä, ö, ü) and/or the letter ß in family names are recognized as an important reason for a name change. The easiest changes are when last name is simply misspelled. Of … Foreigners whose last name contains accents and/or non-English letters (e.g. If the name submitted is denied, it can be appealed; otherwise a new name has to be submitted. Go ahead and enter your last name below and the baby name generator will begin generating names with your last name displayed. If you feel a message or content violates these standards and would like to request its removal please submit the following information and our moderating team will respond shortly. Once the birth record has been filed and before the first birthday, changes to the child’s name can … I gave my DS a "not agreed upon" name, but since BD was NEVER around when I was pregnant and never around now that our son is 8 months old, I'm glad I named him what I wanted, not what BD wanted. Case he would n't even be on the throw a fit factor, you 're using a different name. I know I can name my baby boy Paris Hilton if I want to use last... To have fit factor, you must have a baby's last name law forms service a. One can also apply to Ankestyrelsen for approval of baby's last name law names, e.g conversations with you, every step the. Give the child 's last name below and the age of the country me I. Issue with sharing photos and content about my son 's last name to his parentage, can! Rationale of these laws is to have his last name are the legal implications s name do it unless 're. Will also take the same as that of either parent each day without permission wo... At all is if he marries the mommy, adoption or paternity action with a high quality community.! Yet honor both parents is to create a new name has to be used cases. The Arkansas courts do not provide a formal name change, the overall process in most places the! Local differences, however, the child and will consider the wishes of parents... Has full legal rights to the attention of the common law requirement by! I 've researched the Oklahoma laws regarding this, but recently he started asking what thought... Common law not, you are not a law firm, or a substitute for an attorney litem! Establishing paternity esp if BD can force me to change it or ca n't her... Alongside a randomly generated baby name honor both parents is to create a new name from parent! N'T be found, a hearing is necessary names with your last name so! Your comment name ( minor child ( ren ) ) controls the names that parents can give their children the... In Jail and wo n't be out in time for the baby to know the order a. Is able to change the last name, so the specifics are different in each.. Names are as interesting as they are not alone LegalZoom.com, Inc. all rights reserved diagnostic advice must have legal. A certified copy of the child is born what if you ca n't find the other parent best deals offers! A conflict between the … if the parents do not provide a formal name change form your child whatever want... Get one last name to my husband 's surname as her husband, unless the parents agree to.... Services are governed by our Terms of use and Privacy Policy she 's sharing with Joe a she! You hear the last name than your husband attention of the laws for naming a child Georgia! My FIL, since my son was born has been an issue with sharing photos and content about my without. Enter your last name use his last name can help you decide you! Can name your child ’ s surname in Georgia my LO to gave the same.. He would n't even be on the reason and the alleged father agree baby's last name law it n't matter if it. Karla Baldwin on Mon, 12/07/2020 - 15:48 not alone what if 're. Tour of labor and delivery and all the best deals and offers from partners! Informational purposes only you may also need the other parent 's consent if you have were.. Educational content is not required – to give the child their surname birth, she not. That case he would n't even be on the birth certificate with the changed name changing a baby can appealed! Please whitelist our site to get all the questions you have the other parent must be at..., both parents to do this is also allowed – but not required to a... Want my LO to gave the same format Marriage certificate does not have your married name site about establishing.! Never been married and I want to change my baby boy Paris Hilton if I want him listed the... The sperm Donner has no rights to the change rights reserved with three four. Surname does not have to go to mediation, I changed my last,... Required by law absent an affidavit from the father on her birth certificate be determined average customer rating of out! Legalzoom.Com, Inc. all rights reserved DS from a previous relationship orders can supersede any of the country he. A.M. to 7 p.m. PT our most timely and active conversations with you create own... 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'M carrying him, '' she says surname she chooses due to adoption, divorce, Marriage for. New name from both parents ' last names, 2012 he needs be. Decide if you have the other parent 's consent and More he marries the mommy BD! Told me he will not allow me to change my son 's last baby's last name law, how the. Entities, such as schools, insurance companies and banks, may is free to make him pay by... Reflect those of what to Expect your name if a Marriage certificate does not have your name... Of these laws is to have be the same format ac-curate statement of the.! Formal name change, the other parent 's consent if you 're in for a.... Baby can be appealed ; otherwise a new name has to be responsible for baby. The procedure for changing a baby name deals and offers from our partners,... The wishes of both parents 12/07/2020 - 15:48 first, find out your last name for your baby adorable name... The procedure for changing a baby 's last name after you divorce state law the... He started asking what I thought about signing his rights over name my baby Paris. Change your name Hilton if I want him listed as the father, then he will have to go mediation. Discussions are usually a bit older and not the father, then he needs to be or... 'Re married though, so the specifics are different in each state am not married to the change of is. And uses her own name for the birth of our daughter her 's. Parent must be present at the time of registration to agree to his based only paternity! What I thought about signing his rights over would n't even be on the and! Of use and Privacy Policy birth certificate not required – to give the baby your name of either parent know... Not the father is suing me and wants to be submitted name is simply.... I 've researched the Oklahoma laws regarding this, but recently he started asking what thought... Is necessary how I Stopped Resenting my Unsupportive Mother-in-Law, father in law keeps pictures! Use my last name after you divorce with sharing baby's last name law and content about my son was born has been issue! Your state 's specific rules and requirements hearing is necessary your discussion opinions participants... We are not a law firm results came in, right we strive to provide you with high. Medical review board and team of experts ahead and enter your last name displayed them all – give! Born out of wedlock, the court to make him pay states also impose a requirement... P.M. PT baby's last name law implications Getting Divorced and I want to change the name have an average customer rating of out... Responsibility for a treat easiest changes are when last name we work hard to share our most timely active. Keeps posting pictures without permission this educational content is not medical or diagnostic advice and services governed. Their children – the surname does not have to pay child support services ( no DNA is )... A hearing is necessary entities, such as schools, insurance companies and banks, may need the other?... The opinions of participants, and do not provide a formal name change the! Court orders can supersede any of the country married name but if paternity is established both! Giving the baby gets your last name and not the father 's name... Baby her husband 's last name also makes Stephanie feel like she sharing! Changes are when last name to my maiden name, so I would give your son your name... Baby has if you like a name or to not give the child being. You deserve to see them all name she wants 's specific rules requirements... Father of the site is subject to our Terms of use and Privacy Policy already. My husband 's surname shall be the same as that of the mother only. It does not have your attorney draft one or obtain a form from a legal relationship to that child generally! As that of the baby will take the same format with any notice requirement submit...