Legal Question in Family Law in Michigan

Re: giving newborn unwed father's last name

A child can have any name on his birth certificate that is allowed by law, whether it is the same or different from the mother, father or step-parent.

The fact the child has the same last name as someone else, does not establish paternity. There is a presumption in Michigan and most states, that a child born during the course of a marriage is the husband's child.

The short answer is that the last name has very legal bearing on paternity (and therefore, custody, child support, visitation etc.)

However, to change the name of a child (or any person) a petition may have to be filed giving legitimate reasons for the name change. (To avoid criminal or civil litigation is the concern).

There are obvious social reasons to have the child a name similar to his custodial guardians, but the unwed father cannot claim paternity on the basis that the child has his same last name.

If you have additional questions or concerns, you can contact me at (313) 963-4740.

I hope this answered your question.