If a woman is still legally married and has a child by someone else can they give the child the fathers last name?

Let me get this in perspective. You had a baby by another man, other then your husband (and he accepts the responsibility, or doesn't know the child isn't his?).

If you want to hide it, and yes, not tell your husband the baby isn't his, by all means put the family name on the because. I don't expect this advice will meet with acceptance here, but if I am reading you right that is what you mean??

It has been done before, casino with no problems and no one knows the difference but the mom.

However, the bio father may have a problem with this. You have a lot of discussing to do on that side. There is support that you will be lacking, money coming in to support his child, the recognition that may occur regarding visitation rights.



Am I right ?

Unconventional answer, but that is my advice.

Tick

I don't know if I sound like a prick for saying this but... Now and Days... Women... Married or not... can name THEIR babies whatever THEY want to name them. (Thats why we have little girls running around with names called marajuana or little boys called vodka... think I'm lying about those names look it up)... 2010 is a lot different then the 1960's. In the 1960's people were faithful and actually gave a crap about their marriage oath's... 2010 no one cares anymore and EVERYONE knows it. (FACT: There are more divorces then marrages now). So with that being said... It's up to the woman who pushed that baby out... its her choice what they name will be and yes... that includes LAST names as well. Hope that helped with your question and I answer these blood raw so I hope no offense was taken =^_^= have a nice day/afternoon/evening!

I am the father. My girl is still legally married, but her and her husband have been split up for over 5 years. She just had my child, and the hospital told her that she couldn't put my name on the birth certificate because she still legally married.

I am the father. My girl is still legally married, but her and her husband have been split up for over 5 years. She just had my child, and the hospital told her that she couldn't put my name on the birth certificate because she still legally married.

Correct.
Her husband is the father in the eyes of the law.

What state (or country) are you in?

I would question the hospitals answer to this for sure.

Correct.
Her husband is the father in the eyes of the law.

Question answered.

But I wonder about support and maybe future health issues.

question answered.

But I wonder about support and maybe future health issues.

Paternity can be established by presumption and by judicial proceeding.

In some states but not all of them you can present a challenge. So its important to know the state we are talking about. As far as naming the child that is exclusivly the mothers choice even if married. But if your later proven the legal father should a challenge pass court muster then you can ask for a name change at that later date.

IF you are wanting visits or to challenge the paternity, you will need ( or should) hire an attorney and file a motion to be proven the father so you can start the process of clearing it up.

And of course the hospital knows she is legally married to someone else how ? Because you or her told them right ?
While I do not like to see people lie, but it is done 1000's of times a day on birth certificate, when the women is asked who the father is, they say, "I Don't Know" with the babies daddy in the waiting room.

The hospital was probably correct according to local laws. That's why its necessary to include your general locale in any question about law.

In most states, when a child is born to a married couple, the husband is presumed to be the father. You may be able to challenge this depending on local laws.

I am the father. My girl is still legally married, but her and her husband have been split up for over 5 years. She just had my child, and the hospital told her that she couldn't put my name on the birth certificate because she still legally married.

As was stated, it can depend on where you live. In some places this can be sorted out prior to birth and your name would have been on the birth certificate, but since baby is born already, establish paternity, in which part of that will then be to submit a form acknowledging paternity. On the form, there should be an area for her husband to sign basically stating he is not the biological father... a denial of paternity. (it may be a separate form in some locations) The birth certificate can then be corrected. Does she have contact with her husband? Are they planning to divorce?

Check with the hospital about obtaining a paternity acknowledment form, or they might direct you to another agency such as the county health department or office of vital statistics. For some states, you can download a form online.

Before anyone signs anything, check with the legalities of where you live. Read the form(s) carefully. A court order will likely be necessary to make any changes and signatures will need to be notorized.

A few hoops to jump through, but it should be pretty smooth.