Legal Question in Family Law in Arizona

Naming of child

Unwed parents of unborn child, what are the naming rights of father / mother. Does mother have to use fathers last name? or can mother use own last name?


Asked on 12/28/00, 3:27 pm

1 Answer from Attorneys

Re: Naming of child

Mother should certainly be accurate on the birth certificate, as it is a sworn document. Mother is not REQUIRED to use Father's last name for the child, but there MAY be repercussions if she does not. Ultimately, if Dad pursues his rights, and the last name is a contested issue, the Court will simply make a decision "in the best interests of the child", which can include a hyphenated name.

I ask my clients to consider: be prepared to explain to the child, if they ever inquire, why you chose the name you did.

Please call for a free appointment if you desire to discuss these issues, or any others, further.

/s/ Rich J. Peters, Attorney

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Answered on 1/02/01, 11:38 am


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