Change the lastname of a baby

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Chica_linda

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Apr 6, 2004
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A friend of mine is married with someone off the US. She has one baby of him. The baby is now 1 year old and lives with his mother in the US. He has also the lastname of his mother.

My friend want to give his lastname to the baby.

Is it easy?
What kind of papers does he need?
What kind of paperrd does the mother and baby need?
They have to go to the court for this?
How long it takes?
Is it better to put first his lastname to the child before asking the divorce?

chica_linda
 
Hillbilly

Hillbilly

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Jan 1, 2002
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This looks like a can of worms from the start.

It will be exceedingly difficult to change the name of a child that lives with the mother and also lives in the states. And the fact that a divorce is coming only complicates the matter.

1) Yes you certainly have to get a lawyer
2) Yes you certainly have to go to court
3) You will need birth records and marriage records to prove the baby really is your "friend's"..
4) this could take two or three years, depending on how much time and effort you put into it.

HB:D
 
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Chica_linda

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I think my friend is stupid. And the whole story is very weird. First off all it will cost a lot of money and it is not sure if it is really his son. He like to believe it is his but... Off course she agree because then she can earn money for that baby after the divorce.

When the baby was born (in US) father was not there, could she give the baby the lastname of the father?

He asked her for a dna test and she said OK, but when it is your son, you will never see him again.

Chica_linda
 
Hillbilly

Hillbilly

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Like I said before, this is a messy can of worms! :(:(

In the US, you can list the father on the birth certificate, of course. It seems to me that the mother is going to use the child as a weapon in the divorce proceedings. There is little probability that the father will not get visiting rights at the very least, if a DNA test proves it is his.

HB
 
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Hillbilly

Hillbilly

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I don't think you can be "given" names. You usually get the name that is on the birth certificate.

HB
 
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Chica_linda

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I think you don't understand. My friend is married with this women but they live seperated. She was having a baby (his???), but can she choose the lastname for the baby? Now he has her lastname but when he was born could she give the lastname of her husband? Or is that not possible because he live in the DR and she in the USA?
 
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HOWMAR

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Jan 28, 2004
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Your friend will need an attorney. If in fact he is legally married to the babies mother he can go to court and get an order to have his name on the birth certificate and name of the child as most states presume that the legal spouse of the mother is the father of the child until proven otherwise. For the mother to object to this she would have to prove him not the father. The problem with this is it is not going to be cheap to get the court order to change the birth certificate.
 
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sarita

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i dont know about america but in england the baby is usually given the same name as the mother but if the parents are married then surely they have the same last name so the child will be given that name which is the name of the father but after marrage also the mother. hope this helps
 
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Chica_linda

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When a baby is born in America, the mother can put the name off the father on the birthcertificate even when the father not live with them?

Now the certificate say father unknown????????
 
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HOWMAR

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Jan 28, 2004
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Chica_linda said:
When a baby is born in America, the mother can put the name off the father on the birthcertificate even when the father not live with them?

Now the certificate say father unknown????????
Click to expand...

As I said, the law in most States n the United States presumes that a child born to a legally married woman is fatherd by the husband. The husband can demand his paternal rights in a court. The onus is on the mother to prove he is not the father. These laws date back to British Common Law, after which the US system is modeled, which held the public policy that no child born within a marriage should be bastardized. Usually it is the father trying to deny paternity.
 
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sunshine73

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Apr 5, 2006
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Okis chica.......You can change the last name very easy no prob......in NYC $60 and just find out who is the father on the birth certificate right now........If its your "friend" then she can take that to civil court submit the petition and it takes 30 days........The father has to sign.......You don't see any judge ...just copies of both parents id's and bc..........If second senerio your "friend" is not on the bc then there is something fishy........because when your married the child born of that relationship is considered his child and the last name is placed automatically.......Once again I can only speak about NYC diferent states diferent rules..........

Good luck hopefully that was of some help........

sunshine
 
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