I’m having a Baby with a Married Man, Can He Give the Baby his Last Name? In Doing so, Does this Give his Wife Legal Rights to my Child?

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“My boyfriend and I are expecting an unplanned child. He is still married to another woman. Even though they have been separated for approximately 8 years and they live in different states she absolutely refuses to give him a divorce so he and I can get married. Here are my questions. Who’s last name can I legally put on the birth certificate as the baby’s last name, mine or his? If I can give the baby his last name and she finds a way to keep avoiding divorce, does she have ANY rights what so ever to my child? Is there any way that I can take legal action to ensure that she has NO contact with my child even though she has not made any threats towards my unborn child, me or my boyfriend?”

[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.]

She will have no rights to the child. If your boyfriend signs a voluntary paternity declaration at the hospital his name can go on the birth certificate. Based on the length of the separation it is likely that your boyfriend does not need his ex’s cooperation to get a divorce.

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Author: House Attorney

A house attorney has answered this question.

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