Legal Question in Family Law in Indiana
An ending marriage and a new child
Me and my husband are not together. He has his own life and me mine. I am having a baby with another man and I want to know if being married, is the baby legally required to take his last name? If so, is there any way to get around it? We are getting a divorce soon, so as soon as we file for divorce can the baby take the name of my boyfriend? I would appreciate your help.
1 Answer from Attorneys
Re: An ending marriage and a new child
By statute, the law presumes that the man you are married to is the father of your unborn child. If you believe that another man is the father, he can accompany you to the hospital at the time of birth and the 2 of you can execute a paternity affidavit that he is the father and that you give permission for the child to carry his last name. If your divorce is pending during your pregnancy, most courts will not finalize the divorce until the child is born and give your husband a chance to challenge paternity.
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