Legal Question in Family Law in California

Baby's last name if not married?

I am divorced and I kept my ex-husband's last name after the divorce. Currently I am in a ''live-in'' relationship with my fiance and we are expecting our first child together. We will not be able to get marrried before the baby is born. I would like to avoid giving the baby my ex-husband's last name. Can I give the baby my fiancees last name (he is the father of the baby) at birth legally without being married to him?


Asked on 3/14/01, 4:53 pm

2 Answers from Attorneys

Guy Herreman Fathers Rights Law Center

Re: Baby's last name if not married?

Even though you are not married the child should have the father's last name. you should name the baby whatever you choose and use his last name. If you have further questions please call us at (909)274-0057 eve/wknds

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Answered on 5/23/01, 8:10 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Baby's last name if not married?

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Yes. Just put it on the Birth Certificate and the

Voluntary Declaration of Paternity if the father is

willing to sign one. Keep in mind that you and the

baby will have different last names, until/unless you

do marry the father.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 6/05/01, 1:56 pm


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