This pertains the OC's last name. We are in NY state so that has bearing on the answer I know. Does the birth mother need the birth father's permission to give the OC the birth father's last name? At the hospital the birth mother put my H name on the birth certificate without his permission. Is that legal? Does anyone know where I could find the answer?<BR> Thanks,<BR> Kris<BR>

I will try an dfind you the answer for NY. In PA she can give the child the father's last name without any consent from the father, i will look.

whatif - thank you. Do you work in the legal profession? I am really curious to know the answer to this because husband claims he had no idea that is what she was going to name the baby. Hmmmmm.<BR> Kris

No i don't work in legal field but ow said she was giving oc our last name and we checked the PA laws on it.

Good question Quakermom,<P>I am from NY state, Oc doesn't have h last name although he pays child support. When ow gave birth to oc, ow need it h signature and permission to establish paternity, to give oc his last name since they are not married. Ow is also from NY, she gave birth in Manhattan. H told he did not want to sign that document, and he couldn't be force into since it was a document given by the hospital, and not order by the court. OC was 4 months when I found out about this mess, one of the first thing I ask him if oc, had his last name, he told me no, he didn't want to give oc, his last name. I have seen the court papers, and oc is always identified with her last name. Eventually ow will request the court that h give oc his last name, h has a court date for August 9. In NY they need the father's signature giving permission to give oc his last name if they are not married. I also have a friend that just recently gave birth to her daughter, and she's not married to her boyfriend, he had to sign the paternity document that he is the father of this child. I hope this answer your question.<BR>

Mina and all else,<BR> <BR> I know my husband did have a blood DNA test would he have been asked to sign paternity papers then? <BR> Kris

Dear Quakermom, <P>Where did your H had the blood DNA testing? Was the DNA testing order by the court? When was DNA test done? My h went to court for DNA testing on February 14, oc was 7 months, at the time, we didn't get the results until April 23, we were also in court on June ow wants more money, and so far the court has not order my h to give the child his last name, oc turn 1 year old this month. Ow has not ask yet h to give oc his last name.

Mina,<BR> At the time we were not speaking so I am not really sure. But I think he had the DNA test in a medical lab voluntarily. Next time I speak to him I'll try to get some of the details. I don't want to seem too pushy when we are slowly making headway. I would just like to show him that she has been subtly manipulating him. No body gives their baby the father's first and last name along with Jr. at the end without hope that that will influence the father. At least that's what I think. <BR> Kris

I do agree with you, ow is very manipulative. My h xow also is very manipulative, good thing she didn't name oc like my h, then h will have had two sons with his name. I have to agree with you, you can't be too pushy right now, when you and your h are making progress, later on when you feel more comfortable, you can ask him. keep us posted<P>take care mina,

I do understand about the name issue. OW and H went round and round about the child's name. H wanted baby to have our last name and I agreed, but did not want baby to have his first name. OW completely ignores requests, they have a huge verbal argument while getting the birth certificate and H caves. OC has OW last name, H first name is OC middle name. No regard for the father's wishes.<BR>Anyway, now that we have smoothed some things out, one of our future requests, baby is only 5 mo., is to have the last name changed to ours. Not gonna mess with the middle name, but the baby should have our name especially since we are very involved. I feel your frustration and pain.<BR>We think she will come around because she does not want to go to court because we have been very cooperative, and she has not. Good luck!

Not sure how things are in NY, but in CA, no permission is needed. The child is considered illegitimate. I'm not sure of the legalities if the child is found NOT to belong to the father printed on the certificate?<P>I went through the pregnancy alone and gave birth alone and signed the birth certificate myself. I didn't even know MM's middle name, but I was AFRAID not to put his last name on my son's birth certificate because I didn't know how else to protect OC in case I died or something?<P>I was not trying to manipulate or anything, just had no contact and made the decision on my own. I don't believe he signed it or anything? We never even discussed it, but looking back now, I should have asked first. I think he basically didn't want anything to do with me and was trying to work on his marriage so I purposely didn't contact him out of respect.<P>That name caused A LOT of confusion in my son's life. I SHOULD HAVE named him after my family. What a terrible mistake that was! When I got married, I asked OC if he wanted his name changed as stepdad was willing to adopt him. His answer was "NO because my name will be at the end of the alphabet instead of at the beginning!" Still, confusion about OC's roots will exist with no contact, regardless of OC's name. But since you're involved, that shouldn't be a problem.<P>Try not to worry about it. I'll pray that she finds a great H for HERSELF who is willing to adopt and give the kid his name...<P>Now, IF your husband should die, then the OC would be entitled to Social Security benefits, at least in CA that is how it's handled. When my father died, several OC's were out there so the money had to be divided equally!!! I believe your husband's last will and testament would be handled differently tho. God's best to you.

We too are from NYC. When H had his first hearing, the judge asked if he wanted OC to have his last name. H said absolutely not. The judge stated that the OC name would remain the same, with OP name. However, OP has been using it (illegally). H is in court today to fix this as well as get OW to supply the necessary info for medical coverage. I'll let you know how it goes.<BR>

Thanks to all - <P> I believe that everything my husband and the OW did till now has not been legally formalized in any court but just mutually agreed upon. For example he does not pay her child support but watches the baby when she works on his day off. He pays me quite a bit of child support (31% of his net plus 50% of other expenses) and I believe not asking him for child support is another part of her subtle tactics of trying to rope him in. For 20 - she's pretty astute, and has been in her own Plan A without knowing what Plan A is. However her little machinations have been slowly revealing themselves. She's the one who had the birth announcement put in the newspaper etc. Shy had the baby the day after X-Mas (Merry Christmas) and my husband claims she gave the baby his first and last name without his knowledge. Hye did have our kids for the day that day but....... I find that a little hard to swallow.<P> So from the consensus here I gather that the birth mother can put any name on the birth certificate. Is that correct? Especially if paternity has been established throughy DNA?<BR> Thanks Again,<P> Kris <BR>

I’m also in CA. As of 01/01/1995, a man’s name cannot be placed on a birth certificate without his signature UNLESS the parties are married to each other. If the alleged father is not present to sign the certificate, then the registrar HAS TO, by law, remove the father’s name and leave it blank. It is then up to the two parties to file an amendment with the state. If the alleged father signs the birth certificate or an amendment to the certificate and names himself as the father, then he has the assumption of paternity. He has 2 years in which to contest/rescind before the assumption becomes binding and he gets locked into fatherhood regardless of biology. As for the name of the baby, the mother is permitted to give the baby whichever last name she chooses. As a matter of fact, she could name the baby Mickey Mouse if she wanted to. I know of someone who named their little girl Ginger Bread…go figure.<P>My little guy has my last name and MM’s name is not on the birth certificate. He blasted me for that and was adamant about changing it until his wife caught wind of his machinations. He then changed his tune and said he had never wanted to change anything on the birth certificate….it was all me. His W and I talked and I told her that I would much prefer that OC keep my name as I will retain physical custody and will be his primary care giver. I didn’t want any confusion about why our names were different. W agreed and MM has not mentioned it since.<BR>

I n amny states the father will NOT be listed on birth certificate without dna test or a signature from father but the mother can give the child the fathers last name on the birthcertificate. So it would read baby fathers last name but the father wouldn;t be listed as father