If I am married separated and am having a child by another man, can I give my baby his father’s last name or my maiden last name?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I am married separated and am having a child by another man, can I give my baby his father’s last name or my maiden last name?

Separated for 8 years but not legally.

Asked on June 10, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, if you are legally married then the child is presumed to be a child of the marriage and legally you will have to give the baby the last name of your husband.   I think that it is time that you took steps to legally separate or divorce so that the baby can have his or her biological Father's name.  And you need to make sure that paternity is acknowledged or proven.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption