Check out some similar questions!

confusedmommy2b · Mar 27, 2011, 03:20 PM

I am having a baby in July and my husband and I have been separated since February, but our divorce will not be final by the time the baby is born. He is the father, but to make him have to prove paternity (to prolong his custody rights)I wasn't going to put his name on the birth certificate until he proved it. I also would like for her to have my maiden name simply because the reputation in the small town of this last name. When I tell people my last name around here, they look at me like I'm Satan lol. So, as the mother, do I have the right to give her my maiden name and not put his name on the birth certificate even though our divorce will not be final?

ScottGem · Mar 27, 2011, 03:38 PM

Depending where you live (ANY question on law needs to include your general locale as laws vary by area.) He will probably be the legal father by default. When a child is born to a couple that are married at time of birth the husband is presumed to be the father unless challenged. So its unlikely you can keep him off the birth certificate. And it also means you will probably need his permission as far as the name goes.

confusedmommy2b · Mar 27, 2011, 04:38 PM

Well, I live in Virginia. A lot of people have told me that I could give the baby any last name in the world because those are my rights as a mother, but you know a lot people don't actually know what they are talking about. He will not be present during the time of the birth, could I get in trouble for not putting his name on the birth certificate?

ScottGem · Mar 27, 2011, 04:43 PM

A birth certificate is a legal document. So yes you could get in trouble if you lie. But you probably won't get the opportunity. You will have to give your marital status and when you do they will automatically put your husband's name on the birth certificate. If you try telling them to put down a different name, he can take it to court to get his name on it.

kcomissiong · Mar 28, 2011, 08:05 AM

What Scott has said is correct; in Virginia, a child born to a marriage is the legal child of the husband. Your husband may challenge this in court if he believes that the child is not his. Your birth certificate application will ask your marital status, and you are committing a crime to not disclose it. (This is really simple to verify with a vital records check and would not be a wise decision)

As far as naming goes, there is no law that dictates that a child's last name should be. You could name him Dr. No for all vital records cares. But, if you choose to exclude the father from this process and decide on an alternative name, he may petition the court to have it changed later on. The bottom line is this, as long as you are married to this man, he is the legal father and you have stated that he is the actual father, so why all the run around?