IfI have a child with a married woman who is separated, can our child have my last name?

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IfI have a child with a married woman who is separated, can our child have my last name?

Asked on July 20, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The child has the name, first and last, given to it on the child's birth certificate, and will have the father listed at that time, too. If the woman is married but separated, there may be some complications down the line, in terms of custody, support, visitation, etc., since the normal presumption is that the father of a married woman's child is the husband, and since the woman is separated by still married, there may be a presumption that her husband is the father. This presumption can be overcome, and as stated, the name and the father listed at birth can both be as set down when the child is born; however, you should be prepared for some possible complications. It may make sense to consult with a family law attorney to discuss all  the possible issues and come up with a plan or solutions in advance. Good luck.


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