Legal Question in Family Law in New York

Legal baby Name

If a married woman not living with her husband becomes pregnant by another man, what last name does the baby take , the real father or must the baby be named after husband?


Asked on 5/03/07, 6:55 pm

2 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: Legal baby Name

Hi:

You are the only one who can determine what name the baby takes, depending on your living situation now and at least for the next 18 years going forward.

Good Luck

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Answered on 5/03/07, 7:42 pm
Seth Kaufman Kaufman PLLC

Re: Legal baby Name

The mother will name the father at birth. However, a baby is legally presumed to be the child of a husband. The husband or a putative father may challenge this presumption. If the child does not bear the name of the person who is ultimately determined to be the father, the father may petition to change the child's name.

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Answered on 5/06/07, 12:55 pm


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