Legal Question in Family Law in Georgia

My little brother just married his pregnant girlfriend she did not take his last name therefore will not be giving his unborn son his last name. My brother is the last of our family to carry on the name and this will be his only son is there anything he can do to make his wife give the baby his last name?


Asked on 5/18/11, 4:38 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

When a person marries, either the husband or wife can take the other's last name but it is not required. At birth, the parties will have a choice of using the father's last name, mother's last name, or a combination of the two.

Georgia's birth certificate law is not clear in these cases as to which name will be used, although hospitals usually ask the mother. Since both parties will be likely asked to sign a form before it is prepared, they need to work this out beforehand.

The normal compromise would be a hyphenated last name. He can't force that, but he can suggest it. If they both tell the hospital different names it is hard to say what the hospital may do or even if a birth certificate will be properly prepared.

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Answered on 5/18/11, 4:56 pm


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