Legal Question in Family Law in New York

Re: Parental Rights/Surname Laws

You have asked an interesting question. Unless you are married to him, he has no rights unless his paternity is established.

You can establish he is the father by 'consent' (the 2 of you can agree on it. A writing is always recommended).

You may fill out the birth certificate as you wish. However, he can take action (petition the court) to get his name off the birth certificate.

In general, once there is an established paternity, he can relinquish his 'rights' in favor of another person (not you). Without a 3rd person to relinquish to, he cannot.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

Re: Parental Rights/Surname Laws

HE CANT, unless the fetus was tested and proved and declared in court to be his.

Generally, a father's written and acknowledged consent is required, at the birth, for an infant born out of wedlock, to receive his "putative" father's surname.

After birth, you may file a Paternity Petition in Court; and after the Court declares the child's paternity, you may use the father's surname with or without the father's consent, because you then have the Court's authorization.

GOOD LUCK,

PHROSKA L. MCALISTER,ESQ