Legal Question in Family Law in Utah
Birth Name Rights
If a woman is married and gets pregnant, and then gets divorced before the child is born and takes back her previous name. What last name does the child have to have, or can the mother choose?
2 Answers from Attorneys
Birth Name Rights
The law is going to vary from state to state, and I don't know what the law is in your state, but generally speaking the mother would be free to chose which last name she wanted teh child to have... but why would you want the child to take the father's name since that is no longer YOUR last name?
Birth Name Rights
At common law, parents of a child can choose whatever name they wishfor the child as long as they don't do it for fraudulent purposes. Yourstate could change this by statute. The law also presumes that thehusband of a woman is the father of the child. You may find that thedoctors, nurses, government officials will refuse to allow a namedifferent from the parents' without the consent of both parents. Thismay be the correct law in your state. However, when it comes to birthcertificates, I have found that bureaucrats will often make up the law onquestions of this nature. If you are presented with a person like this,you may have to comply with their instructions or file suit.