Do I have to give my child the father's last name if he is listed on the birth certificate?
Full Question:
I am 7 months pregnant. My husband left me for another woman when I was 2 months pregnant and we have not had any contact since. I have filed for divorce and our divorce becomes final the same day as my due date. I know that under the California Presumption law, I will have to list him as the father (which, biologically, he is anyway), but I'd like to know if I can still give my child my maiden last name as I have been granted the request to change my name back once my divorce is final and I want my child to have the same last name as myself. Can I legally give her my maiden last name even though he will be listed on the birth certificate?
04/03/2007 |
Category: Paternity |
State: California |
#2555
Answer:
We know of nothing in the law requires that a minor child bear, or not bear, the paternal surname; nor are we aware of any authority giving preference to the father's surname over the mother's. Any common law notion that the father has a "primary right" or an interest that must be protected in having minor children of the marriage bear his surname has been abolished. Even when the parents contest the surname issue, the sole consideration is the child's best interest.