Parental rights because of child's last name...?

Question

Ok...so someone told me if you have a baby and are not married to your partner.. that if you give the baby the father's last name instead of your own last name..that the father and his family will have more rights to the baby than the mother?? Is this true?

My mother is the one who wants me to give the baby my last name instead of the father's because we are not married yet. The father and his family wants the baby to have their last name..I want to give the baby their last name too.

Keep in consideration that:

* We are engaged and getting married after the baby is born

* Father's name will be on the birth certificate

If you were in this situation..who's last name would you give to the baby?

Answer 1

Not true, a biological father has rights no matter if the name is on the Birth-certificate or not.  If you put your name not theirs then they usually have to get a paternity test first before they get the rights of visitations and such but they will still get their rights unless you can prove them unfit.  If you want the baby to have the fathers last name you can do that, that is completely your choice and nobody Else's.  

Answer 2

Not true at all. just because you give the baby his last name does NOT mean he has all the rights! the mother does! a last name does not change this. seriously, i think your mom or whoever told you this is just trying thier hardest to scare you into giving it your last name. before my husband and i were married, our 1st born had his last name.

Answer 3

No that's not true I gave my daughter her father's last name and we are not married and he doesn't have any rights without a maternity test such as baby doctors  and what happens to the baby such as treatment it's all me.

Answer 4

My husband and i were not married when i had our son. (We had been together for 6 years prior to having our son but all together we have been together for 13 years but only recently married 2 years ago)

I gave my son my husbands last name because that is what my son is (last name)...I would not give a baby your last name because it will confuse them later in life and will not know who they are kin too, who to stay away from dating because of last names..

Grandparents have no rights. Just say you wanted to adopt your child out neither your parents or his parents could do anything about it. I would not be worried about all of that in the beginning of what you wrote.

Answer 5

I'm wondering if you are engaged because you are pregnant, or were engaged and then became pregnant? Here's my view. If I became pregnant before marriage I would have to be very very confident that the father of my child was going to be a constant in my babies life before giving my child his last name. If there was any doubt in my mind the baby would have my last name, no matter what anyone else thought. However this is your child, so it's whatever you think is right.

Answer 6

No, not true at all. You can name your baby what ever you want - it doesn't have to be yours or the baby's daddy's last night. If you wanted to you could name your child's last name Elvis. It doesn't matter.  

Answer 7

No, that's not true; he gets his 'parental rights' based on a Paternity test.

Whether or not you're married the Father does NOT get 'more rights' than the Mother. Usually, during a custody battle, the primary custody goes to the Mother, unless for some reason she is found 'unfit.'

It's HARD to take a Mother's rights away.

Whether or not you're married, I think it's right to give the child the Father's last name; it's tradition.

Answer 8

Not true at all!!  Give your child the fathers last name.

Answer 9

id give it a double barrelled name like walker-smith

Answer 10

i wouldnt worry to much i really think that is false, you are the mother so you are first! i gave my baby her dads last name becuase i knew no matter what happened to us he would be there for our baby! i was in the same boat as you but i just fallowed my heart and went with giving my baby his last name. dont worry about it, if you want the baby to have his last name that is up to you and not your mom! to this day brooke is 2 and 1/2 and we still arent married but i know he will always be there for her. like i said fallow your heart!