I recently moved to Virginia while I'm 6 months pregnant. The father of the child is planning on coming down here in August and be here but because of finances may not be able to. My question is, Does he have to be there to give our child his last name? We are not married and I know if he isn't there we can't sign the acknowledgment of paternity paper but is that needed to give our child his last name?

You, as the mother, can give the child any last name that you choose. If you choose to give your child his last name that is great. However, as you stated he will not be there to be able to sign the Affidavit of Paternity and he will not be able to sign the birth certificate. But that is easier to change than changing the child's last name.

So, after saying all that, just give your child the father's last name.

I know in WV you can give a child any last name you want. I'm sure VA is the same way.