Legal Question in Family Law in Mississippi

Re: Unmarried parents, father deceased, baby's last name?

I agree that it cannot be forced. If the boyfriend had no other children, you grandchild is his sole heir.

Re: Unmarried parents, father deceased, baby's last name?

Short answer...no

Mississippi Code � 93-9-9(3)

Upon application of both parents to the State Board of Health and receipt by the State Board of Health of a sworn acknowledgement of paternity executed by both parents subsequent to the birth of a child born out of wedlock, the birth certificate of the child shall be amended to show such paternity if paternity is not shown on the birth certificate. Upon request of the parents for the legitimization of a child under this section, the surname of the child shall be changed on the certificate to that of the father.

This may be what the grandparents are really after...

� 93-16-3. Who may petition for visitation rights; when; court in which to file petition.

(1) Whenever a court of this state enters a decree or order awarding custody of a minor child to one (1) of the parents of the child or terminating the parental rights of one (1) of the parents of a minor child, or whenever one (1) of the parents of a minor child dies, either parent of the child's parents who was not awarded custody or whose parental rights have been terminated or who has died may petition the court in which the decree or order was rendered or, in the case of the death of a parent, petition the chancery court in the county in which the child resides, and seek visitation rights with such child.

I hope this helps. I had to shorten the answer to less than 3,000 characters.

Re: Unmarried parents, father deceased, baby's last name?

No, they can't force a name change, but they can take steps to have their son's name placed on the birth certificate. This should have been done from the beginning. Secondly, they can petition the court for regular visitation because they do have visitation rights and the legal right to build and have a relationship with their grandchild.