18 answers

The Last Name of an Unborn Child When the Mother Is Married and Has a Boyfriend.

Legally in the State of Texas, will the mother of have to put her husbands last name as her childs last name on the birth certificate, even if it is not the husbands baby?

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Featured Answers

You can name a baby Jack Frost if you want to--the issue is LISTING the father on the BC so he has responsibility for the child financially.

2 moms found this helpful

I don't knot the legality of it all, but I don't think you HAVE to put any certain name on the certificate. Is the husband raising the baby as his? Does he want the baby to have his name? Do you? What a messy situation...

2 moms found this helpful

More Answers

This is from my friend that is an attorney here in the state of Texas..

What if the mother is married to someone else or the baby was born within 300 days of the date of her divorce?

If the mother is married to someone other than the biological father or has not been divorced for over 300 days when the baby is born, the husband is presumed to the be the father of the child.

The biological father cannot become the legal father by signing the Acknowledgment of Paternity unless the husband (presumed father) also signs a Denial of Paternity.

When the husband signs the Denial of Paternity, it can be sent with the Acknowledgment to BVS to be recorded. BVS will charge a fee to add the father's name to the birth certificate.

If the husband does not sign the Denial, either biological parent can open a case with the Attorney General or go to an attorney to attempt to establish paternity through the courts.

7 moms found this helpful

We can name our babies anything that we'd like.

As an example, if I was in that situation and my last name was Smith, my husband's was Jones and my boyfriend's Abott, we could still name the baby Burt Chicken Sandwich. Not that we'd want to.

A name does not legally determine rights or relationship. It is simply a name.

4 moms found this helpful

No. She can choose any last name she likes (as long as it isn't obscene). It doesn't have to be her last name, the husband's last name or the boyfriend's last name. However, the husband is legally presumed to be the father of the child until the biological father signs an acknowledgment of paternity and the husband signs an acknowledgment of non-paternity/denial of paternity. Speak with an attorney to get things settled (all of this can be addressed in a final divorce decree, assuming a divorce is in the immediate future).

3 moms found this helpful

You can name a baby Jack Frost if you want to--the issue is LISTING the father on the BC so he has responsibility for the child financially.

2 moms found this helpful

I don't knot the legality of it all, but I don't think you HAVE to put any certain name on the certificate. Is the husband raising the baby as his? Does he want the baby to have his name? Do you? What a messy situation...

2 moms found this helpful

Yes, a lawyer. Does the husband know? If not, I'd start that conversation very soon. Husband may have to give up "legal rights" to the child, not sure. Very sticky. I know in KS you can not get divorced while pregnant, don't know the laws in TX, but maybe that's an option before the baby arrives??

2 moms found this helpful

I believe that to be the case. Here in VA - if I were to get pregnant by someone other than my husband - his name still goes on the BC as that child is a "product" of that marriage.

Talk with a lawyer to see what the laws are in the state of Texas.

2 moms found this helpful

The answer is no she does not have to give the child her husbands last name.

Her husband is however legally the child's father.

And I recently learned that if nothing is done to oppose that for 4 years then that man (thehusband) will be assumed to be that father for the child's entire life.

Good Luck :)

1 mom found this helpful

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