Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live in Kentucky. My husband and I have been seperated for almost a year and he is not the father of my unborn child. I want to put the real father’s name on the birth certificate and I also want her to have my maiden name. Will I be allowed to do this?”
Question: Under Kentucky revised statute 213.046(9)b if your husband and the other man agree, then the other man’s name can go on the birth certificte. If you cannot come to an agreement, then the matter can be resolved in the District Court with paternity testing and such (KY rev stat 213.046(9)c). Under 213.046(11) if no information is being entered for the father, then the maiden name of the gestational mother (you) shall be entered on the birth certificate. Talk to the nurses at the hospital, and they should be able to point you in the right direction of what needs to be filled out.
