I Married and Pregnant with Another Man’s Child, Will the Child be Given my Husband’s Name?

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“I am 23 married and pregnant by another man. I havent seen or spoken to my husband in about 5 months. My question is, is the child considered a product of this marriage? Does the child get to keep her fathers last name which is not my husband or will she be given my husbands last name?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

If you do nothing, then the name that will be entered on the birth certificate will be your husband’s and he’ll get his last name. You could start a paternity action before your child is born to make sure that the real father is listed on the birth certificate. If you birth your baby at a hospital, you can swear out an affadavit that the putative father is the father as long as he’ll go along with it that he is the father, and your husband will go along with it that he is not the father.



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Author: House Attorney

A house attorney has answered this question.

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