Legal Question in Family Law in California
Law pertaining to can a newborn have the last name mom provides
I need to know if California has a law stating I have to give my unborn child my last name. I am currently still legally married and have my husbands last name. The father of this child is not my husband. The unborns child lives in another state and I have no desire to have his last name as my childs. I would like to know if I can give my unborn child my maiden name at the time of his/her birth? Please help me thank you. My child is due around Jan 7, 2001
2 Answers from Attorneys
Re: Law pertaining to can a newborn have the last name mom provides
I haven't done the research, but my guess is that you can give your child any last name that you want. It's probably worth checking with a local attorney or doing the research yourself before January 7. My web site has some good resources: www.yourdivorceadvisor.com. click on "resources" and then "legal research". My guess is you'll find the answer reasonably quickly.
You can also change your name in the meantime in probate court. Maybe it's also time to think about filing for divorce? That would also fix this situation.
good luck!
diana Mercer
Re: Law pertaining to can a newborn have the last name mom provides
You can put your maiden name on the birth certificate. You can also put your married name on the birth certificate if you want. You just cannot put a fathers name on the birth certificate unless he gives permission.
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