View Full Version : having a baby and not married, can I give our child his last name?


majestic10
11-29-2009, 07:15 PM
Ok I have a question. I got pregnant before he was put in prison. I am going to be having the baby any time now and we aren't married. I want the baby to have his last name and I know they make you sign and give all the info at the hospital but obviously he won't be there to sign it. Does anyone have any insight into what I need to do to make sure the baby gets his last name? How can I get the papers signed that need signed when they have to be notorized or witnessed? hes in federal and I can't take anything in when I go to see him so its not like i could have him sign it while im there. Im not sure what to do, should I call his lawyer and ask him if its something that he can handle?? help!!!

Dollface.09
11-29-2009, 07:19 PM
you can put his last name on it when you fill out for the birth certificate. Just put babys first middle and what you want the last name to be. and thats what it will be. you can put his info as the father. and they will put him on as the alleged father. if there is any doubts from him later on he can go get a dna test to prove its his. you have a year after baby is born to change the name.,

Jillian
11-29-2009, 07:25 PM
You just filled out the paperwork. My husband didn't sign my daughter's birth certificate cause he wasn't there. Yes we were married but i just filled out the information. The best thing to do is contact the hospital that you are giving birth and let them know that the father of the child will not be there if there is any rules about giving the baby his last name. I will also move this to the Florida forum where you can get answers, as i know that some states have different rules.

majestic10
11-29-2009, 08:00 PM
Thats what I don't know about because since we're not married he has to sign an acknowledgement of paternity or something like that and it says that it has to be either notorized or witnesses according to the vital statisics website. so i will defintely put the last name that i want on there i just don't know if there will be an issue with him not there to sign the form or whatever.

wifeofMichael
11-29-2009, 08:21 PM
Shouldn't be a problem. Is there any way to get him to write a letter and have it signed by a notary at the prison acknowledging he's the father and wants the baby to have his last name?

DD'sLady
11-29-2009, 08:27 PM
My twins have their fathers last name, and we where never married. My son is the 4th so it doesn't matter. Even if he's not there to sign the paper work they will let him get a DNA test later and if it come out negative they will make you change the babies last name. But I know he's happy about it, and they will let him sign the papers at the hospital that the baby was born. I'm pregnant right now too and the baby will be born before he is released and I plan on giving the baby his last name.

Good luck.

tampagirl23
11-29-2009, 09:37 PM
I just went through this in the past year, so I can tell you exactly how it works. If you are not married then you can give the baby whatever last you want. However, you won't be able to list him as the father on the birth certificate without him signing the papers because you aren't married. In the state of Florida, if married his name can automatically go on the birth certificate, if not married he has to sign. You can send him the paperwork in prison and have him sign and have it notarized there and then send back to you. Then you have your signature notarized and send in a copy of your drivers license and $20 and you will get an updated birth certificate with his name on it. You don't have to get a DNA test if he is acknowledging paternity (which it sounds like he is), he just needs to sign the paper (both front and back) and have it notarized. It is actually a really simple process. Just note, there are two places on that form you both need to sign.

If you have any more questions about this, pm me.

wifeofMichael
11-30-2009, 06:05 AM
I was unmarried when I had my daughter and back then they made me give her my last name (that worked out for the best in the end lol). He never did sign the birth certificate, even with a court order. Jerk! But with the boys I was married and 14 years had passed. LOL!! I'm glad someone knew what to tell her tampagirl!

majestic10
12-01-2009, 07:25 PM
thank you!!! I am glad to hear that! I feel better knowing that. I have really been stressed out about it to be honest lol. thank you all so much!!

I just went through this in the past year, so I can tell you exactly how it works. If you are not married then you can give the baby whatever last you want. However, you won't be able to list him as the father on the birth certificate without him signing the papers because you aren't married. In the state of Florida, if married his name can automatically go on the birth certificate, if not married he has to sign. You can send him the paperwork in prison and have him sign and have it notarized there and then send back to you. Then you have your signature notarized and send in a copy of your drivers license and $20 and you will get an updated birth certificate with his name on it. You don't have to get a DNA test if he is acknowledging paternity (which it sounds like he is), he just needs to sign the paper (both front and back) and have it notarized. It is actually a really simple process. Just note, there are two places on that form you both need to sign.

If you have any more questions about this, pm me.

MissJoey777
12-03-2009, 02:18 PM
Just put down the name you want, and who the father is, they can't argue with you about what name YOU choose for YOUR child. It doesn't matter is he's there or not.

KaydensMommy756
12-12-2009, 10:23 AM
wow they made me go through hell when my son was born, they kept saying hes not allowed to have his last name because hes not here to sign the birth certificate, and all this crazy bs....im livid now to know that you can actually put the babys last name that you want him/her to have on the birth certificate and it will be okay

Niki
01-07-2010, 03:43 AM
At least some things are changing with the times. When my daughter was born 30 years ago her dad and I were not yet married. He was there for the delivery and when it came time to fill out the birth certificate papers he wasn't even allowed to put his name on there. I could give her his last name no problem but the birth certificate has lines drawn through all the father's information. We're actually working on getting him added on now (better late than never) but we may have to make a trip up to Massachusetts to get it done.

crazycasey183
01-07-2010, 01:03 PM
My guy and I weren't married and our daughter has his last name....

pbandk
01-08-2010, 04:31 PM
You can give her his last name, but he can't be on the birth certificate unless he is there to sign it. You will have to get him to sign paperwork at the jail and have it notarized there. Then you pay a fee with the paperwork and he will be added. I would wait on that though. It could complicate things if you decide to head for the hills so to speak.