Legal Question in Family Law in California

Naming new baby

I have a 3 year old daughter who has my last name. I am 4 months pregnant with my 2nd. My boyfriend, now ex, is the father of both children. We were never married and never lived together. He ended the relationship with me admitting not being able to commit. But he insists that the new baby have his last name and that he also has input on what the first name will be. He also wants to be there for labor and delivery. Who has the final decission making on naming the child and do I have to allow him into the delivery room? I want the baby to have my last name of course, just like my daughter does. And I do not feel confortable with having him in the delivery room when the baby is born.


Asked on 12/07/05, 12:20 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Naming new baby

I have not considered this question before and am unaware of any code section that applies to your situation. However, there are some legal principles that should apply to your situation. First since you are not married he would have no legal right as a parent until paternity is established. Second it would seem logical that the mother would have the right to determine who is present when she is in labor and giving birth. I would think that your right to privacy and the privacy of your medical records would take priority over his desire to be present. I would take this position if I were in your position. Be sure to talk to your doctor and the hospital about the situation and your order that he not be allowed to be present. Don't give in without a fight.

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Answered on 12/08/05, 2:53 am


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