Legal Question in Family Law in New Jersey
father's birthright
My 18 year old daughter is pregnant and has no relationship with the child's father. As a matter of fact, she has had to file a TRO against him. When she has the baby, does she have to give him/her the father's last name or can she put her own on the birth certificate. We are hoping that he will lose interest and move on. What would he have to do to give up rights to the baby?
2 Answers from Attorneys
Re: father's birthright
Hi,
Your daughter can put her last name on the birth certificate, it is her absolute right to name her child.
If he wants to give up his rights, he would have terminate all his parental rights. However, why do you want to give up the child support because if you terminate his rights, which is difficult and expensive if he won't cooperate, you can not collect child support.
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Re: father's birthright
Whether or not the mother's family name is used, the biological parent has fundamental rights under the US Supreme Court case of Stanley v Illinois that can be googled. To have a dad give up his rights would probably involve a consent for someone else to assume these responsibilities such as a step-parent adoption. Generally, a custodial parent has the right to name the child controlled by the best interest standard.
It seems that these questions are premature as far as termination of rights. Once the issue has ripened, you should get a lawyer.