I’m 17 and pregnant, what are my rights regrding my child’s last name?

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I’m 17 and pregnant, what are my rights regrding my child’s last name?

My boyfriend is seventeen also. My mother and I want my son to have my last name for now but if he and I get married, my last name will change along with my sons. My family and I will be the supporters, not he or his family. But he is threatening me saying that he will just have it changed at court because that’s what his parents did. I need a legal standpoint on what can happen if he tries to go to court and if there would be any complications if I tried changing my sons last name later on.

Asked on November 13, 2012 under Family Law, Tennessee

Answers:

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

Answered 11 years ago | Contributor

If you are not married at the time the child is born then you are the babies only legal guardian.  The father can, though, establish paternity after birth and ask the court to legally change the birth certificate including the child's last name.  Changing the child's name at any time will require the consent of both parents.  Why not hyphenate the baby's name using your and the father's last name in order to make things less complicated?  That is always an option.  Good luck and congratulations.


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