Legal Question in Family Law in New Jersey

Re: Last Name of a Baby from Nonmarried Couple

The hospital should put whatever name the mother chooses on the birth certificate. It is legal to put on any name you choose. On the other hand, if the father wants to challenge this, he will need to file a Complaint with the Superior Court in the county in which the baby resides, requesting a change of name. The Court will then be required to decide the last name of the child. The standard that they use is the same standard used for all child related issues, that is, what is in the best interest of the child. It is difficult to say how they would rule. I believe the likely result for an unmarried couple would be the same last name as the mother, although with the more common use these days of hyphenated names, both names is certainly a strong possibility. Good luck with your new little one!