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

Updated on March 31, 2011
S.B. asks from Galveston, TX
18 answers

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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answers from Pittsburgh on

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.

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answers from Dallas on

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...

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answers from Austin on

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.

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answers from Seattle on

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.

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answers from Iowa City on

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).

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answers from Kansas City on

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??

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answers from Washington DC on

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.

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answers from Honolulu on

The child's name is up to the parent. Only in a name change situation does there have to be a legal guide for his name. It's an odd situation to be in, but your child's name is whatever you choose it to be. (Both of our kids were born in Texas)

Laurie A has great info for the legal parental rights, this is just about the actual name.

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answers from Dallas on

Laurie A has the right info. I am a single mom but had to read all the TX forms when I had my baby and the language Laurie lists is exactly what I saw for married people: your husband will need to sign a denial of paternity, they will give you this at hospital. Your BF will need to sign an acknowledgment of paternity. Not sure if this matters to you but you will not be allowed to divorce in TX until child is born, there may even be a waiting limit after birth, I am not sure about that. But TX does not allow divorce while a woman is pregnant.

Good luck.
Forgot to say, you can name child anything you like but your current husband must agree on it OR he has to sign the denial.

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answers from Salt Lake City on

I think the husband has to agree to give the child his name? wow sticky situation

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answers from Honolulu on

You can Google Search that.

What is also important: is to think about "child custody."
There are different types of child custody. So research this carefully.
Here are some links:

About last names: I would choose your last name.

AND, also think about who's last name you are putting on the birth certificate. Because, this also affects, future child custody and hassles etc.
AND if your Boyfriend, makes a stink about it, later.

ALSO, research "child custody laws between unmarried couples in Texas" etc.
RESEARCH this carefully.

Get an Attorney, so you make a wise, decision.

This is your Boyfriends' baby and yours. Not your Husbands.
Does your Husband know this?

I would really consult with an Attorney.
It can be a can of worms.

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answers from Dallas on

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 :)

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answers from Minneapolis on

Only a lawyer in Texas will know for sure. I believe, though, that you can put whatever name on a birth certificate you want - first, middle, and last. I've heard of people giving their babies completely different last names than either parent (don't know their reasoning). But, I also believe that as far as child support, the husband is legally considered the father unless proven otherwise. These days, proving paternity is easy with a DNA test.

I read somewhere that the estimate is as high as 25% of children born into marriages are NOT the child of the husband. Even if that estimate is high, this occurance is higher than we think. I have a niece who is not the child of her mother's husband, and everyone in town knows it (she looks exactly like their neighbor!) but the husband has always accepted her as his own. She is grown now with her own children.


answers from Birmingham on

If the boyfriend and mother sign the acknowledgment of paternity at the hospital, then the birth certificate can go in the boyfriend's last name. I think the husband will have to sign a paper too.

Or the baby can have the mother's maiden name, and then once you have a proof of paternity (DNA test accepted by the court), the name can be changed to the boyfriend's and a new birth certificate issued.



answers from Dallas on

Legally, the mother has the right in the state of Texas to give her child whatever first and last name she chooses.

On a side note, if she is married at the time of the birth, the child is legally her husband's until he takes her to court and proves otherwise.



answers from Topeka on

YIKES how diffucult this would be is your husband legally adpoting the baby then I would do his last name if the "father"gave up his rights to the baby.As for legal purposes ask a lawyer.



answers from Dallas on

I believe the actual father's name will be required, especially if it is a son. My sister wanted her son's name to be the same as hers and his brothers but since it was a boy, he had to carry the bio-fathers name, unless adopted.

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