Ask Me Help Desk - Child's last name

I am due to give birth to my son in 5 weeks , Me and the child father are on talking terms but he has told me he has talked to someone about child support and what not I have no problem with him wanting to be there And helping out and paying child supoprt but I'm giving my son MY LAST NAME and the father told me or thinks it's the law that since he is getting a paternity test and paying child support I have to give the baby his last name required by law do I go by what he says is this even true ? Also he is not pujtting his name on the child's Birth certificate Due to a restraining oder

Are you legally separated or divorced?

Since laws concerning paternity and the naming of a child can vary greatly depending on the location, it would help to know the location as to where this is occurring.

Would you be letting him put his name on the birth certificate if there were no restraining order?

Don't know where you live, but here is an example of part of a law from the State of Tennessee. I'm sure that the laws in other states will vary.

From the following site: 68-3-305. Father's name on birth certificate — Surname of child. —

Quote:

68-3-305. Father's name on birth certificate - Surname of child. -

(a) (1) If the mother was married at the time of either conception or birth, or anytime between conception and birth, to the natural father of the child, the name of the natural father shall be entered on the certificate and the surname of the child shall be entered on the certificate as one of the following:
(A) The surname of the natural father; or
(B) The surname of the natural father in combination with either the mother's surname or the mother's maiden surname.
(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.

Again, it would help in providing you the best answers if we knew at least the state where you live, if you do live in the U.S.