Babies last name - Page 2

Here is a sticky situation ... if she was still legally married to Mr. Smith when the baby was born, then he is technically the baby's father until - or unless - he can prove otherwise. If the baby was born after the divorce finalized, then the mother can give the baby whatever last name she wants.

When I got married, my husband's ex-wife retained her married name mostly because it was the only name she ever felt comfortable using (her mother also had several marriages and divorces and really messed up her kids names). When the ex-wife remarried she switched to Mrs. New-Husband's Name and the kids retained their same name. Then she divorced husband #2 and went back to using my husband's last name! At that point, I retained MY maiden name even though I was married. I was a working professional with an easy last name and I simply didn't want to go through the hassle of telling my hundreds of customers that my name was now different. When the ex-w got married to husband #3, I was changing jobs so I figured that was a good time for me to make the name switch, too. When the ex-w divorced husband #3 she knew better than to go back to my husband's last name. For years she simply retained hubby #3's name. Last I heard she went back to her maiden name and then had financial troubles and changed her name to another maiden name (from very early in her childhood.)

Another name mess story: My DD's biological mother has had 4 children by four different bio-fathers. Yes, every single child has a different last name. Ugly, huh?

Smith should be the baby's last name.

Take his butt to court for child support, should be the bio dad's last name.

Should be ashamed of himself, for making such an issue over something this petty. He should be more concerned about how this petty stuff is affecting his kids. Because I am sure they know all about it.

I don't think she can legally give it any last name other than her own without the permission of the person whose name she wants to use.
If Smith is her legal name, that's the only name she can give it without the baby-daddy's agreement.
It doesn't matter if her husband doesn't want the baby to have his name - it's HER name.

I agree with everyone here. If she wants the new baby to be named Smith, which is her legal name, then that is what it should be. I do understand the reasons why she is keeping her married name, but I know if it were me, I would go back to my madien name in a heartbeat.

I have some experience in this matter as I legally changed my last name before I was married. The bio-mom can give her child whatever last name she wants: Smith, Jones, Obama, Bush, Xander - anything. It really doesn't matter.

I agree.


You don't think she can put the bio-dad on the birth certificate and give the baby his last name?

I understand her wanting to use Smith. My mom went back to her maiden name when she married husband #2 (she was a widow) and even though we kids were older, there was some confusion.

She can list him as the father on the birth certificate, but I don't think she can give the baby his last name without his consent. It may also be one of those things that the laws vary on from state to state.

I say Smith, since no one is claiming the baby but her and that is her last name. Wow, what a mess.

My husband and I had our 1st child before we were married. They never asked if he was ok with son having his last name. Now I do see all the time in the birth announcements babies with the mothers last name and father's name being listed seperate. IMO I think that she should have the babies name be Smith as it is her legal name and just put the bio father on the birth cert for legal reasons.

Where I live, the baby would get the mothers last name unless specifically told otherwise. They also don't have you put a dad on the birth cert unless you were married. If you are not married you have to use dna tests to prove paternity then the courts put it on the bc.