can you give your newborn child a last name that is neither the mothers or the fathers?

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can you give your newborn child a last name that is neither the mothers or the fathers?

I want to honor my recently deceased grandfather by giving my unborn son his last name. My grandfather only had daughters and the name will not be carried on otherwise. The whole family is in agrees that this would be a great tribute to a great man-the baby’s father even agrees and will sign the birth certificate that way-is this possible legally? We live in the state of Montana. Thank You.

Asked on July 5, 2009 under Business Law, Montana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I could find no statute prohibiting this.  As long as the birth father agrees I don't see why this can't be done; after all you can have a name change after the certificate has been issued.  But since I'm not licensed in Montana, you should consult with a family law attorney there.

By the way, it's quite a tribute to your grandfather.


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