Baby gets the dad's/partner's name
Pros: The default choice in the United States is to give your child the last name of their father. This tradition is practiced by parents in a variety of situations – including heterosexual couples, same-sex couples, couples who adopt, and couples who choose not to marry.
An unmarried mother has sole custody of her child when the father refuses to acknowledge paternity; as a mere presumed biological parent, he has no rights. When a man acknowledges paternity, he gains legal parental rights, including a right to custody. Marital status is irrelevant to custody.
Both parents usually have equal rights to name or change their child's name, but if they disagree, state laws and courts may decide.
You cannot be forced to give the baby the last name of the father. However, the father can petition the court to change the name of the child. Then a court can make a decision on this issue. Having a case in Family Court costs money for both of you.
The court is likely to take away the father's visitation rights if it is established that the father emotionally or physically abused the child in the past, or is suffering from a serious mental illness. Note that you cannot deny the father from visiting the child just because the child does not desire to meet him.
Under the Family Code, a child born to unmarried parents is classified as an illegitimate child. Article 176 of the Family Code, before its amendment, stated that illegitimate children shall use the surname of their mother.
Some make less common choices, like giving children the mother's surname or coming up with new names altogether. For some, it is a rejection of patriarchal norms. Others say it's about maintaining ties to their heritage or ethnicity, or because fathers weren't involved in raising the children.
Usually, when a married couple has a child there is the presumption of paternity that the husband is the father. In many states, the husband's name goes on the birth certificate automatically and typically the baby gets the husband's last name.
The child's last name is not a determining factor in determining child support. However, in the legal determination of paternity, which is required for a support order, the father may assert the right to change the child's last name to his.
If the parents can't decide who will claim their children, tax law dictates the person with the higher adjusted gross income will claim them.
In California, "primary custody" means a parent's custodial time with the child that is greater than the other parent. The parent with "primary custody" is called the custodial parent. The other parent is the non-custodial parent. The custodial parent has the primary responsibility for the day-to-day care.
If you do not file a Motion to Determine Child Born Out of Wedlock, the husband will continue to be the child's legal father. You can file a Motion to Determine Child Born Out of Wedlock as part of your pending divorce case, or you can wait until the divorce is final.
Historically, the practice of children taking their father's last name stems from patriarchal traditions that emphasise paternal lineage and male dominance in family hierarchies. This custom originated in Western societies where women and children were often considered the property of the male head of household.
In most cases, you'll go to a court hearing. If the other parent doesn't agree, the judge will hear both sides and make a decision about your child's name change.
You can also change your last name (or first) without getting married. Whether your state requires you to get a separate court order, or if you simply want to change your name to your partner's without getting married at all, you can still do this through a court order.
Choose a Last Name of Your Liking
Most states allow any name to go on a child's birth certificate. This includes first, middle, and last names. The child doesn't have to take either of the parents' names, but they could take one or the other. Or, you can hyphenate the two names.
Usually, both the father and the child's mother will have to agree to the name change.
Who Has the Right To Name a Child? Both parents have the right to be involved in the naming process. So, if a father wishes to change the child's name, he needs the mother's parental consent. The mother also has the right to name a child.
Section 3, “Name of Child,” provides that if the mother is married at the time of the birth, the mother and father whose names are entered on the birth certificate shall select the given name and surname of the child if both parents have custody of the child.
the mother's surname; the father's surname; the other parent's surname; or a combination of the mother's and father's or other parent's surnames (names may be combined with or without the use of a hyphen).
Last word on the last name
Some states are more restrictive than others—for example, Tennessee and Louisiana require the baby to carry the father's last name in every circumstance. Other states (Kentucky, Delaware, Maryland, Montana, Washington, and South Carolina) have no restrictions on the choice of the last name.
If parents are not married, the father must establish his legal paternity in order to gain custody of his child or children (including joint custody) and have visitation rights. If his paternity is not legally established, the child's mother cannot ask for and receive child support from him.
If the father is listed, the mother and father must agree. If they do not agree, the mother's surname is listed. If the father later seeks to legitimate the child, upon the child being legitimated the surname is changed to the father's surname at that time (N.C. Gen. Stat.
When a child is born to an unmarried couple, the mother determines if the father's name will be on the birth certificate and what the child's name will be. A child born out of wedlock is usually given the mother's last name, particularly if paternity has not been established.