If I am married separated and am having a child by another man, can I give my baby his father’s last name or my maiden last name?
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If I am married separated and am having a child by another man, can I give my baby his father’s last name or my maiden last name?
Separated for 8 years but not legally.
Asked on June 10, 2012 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Generally speaking, if you are legally married then the child is presumed to be a child of the marriage and legally you will have to give the baby the last name of your husband. I think that it is time that you took steps to legally separate or divorce so that the baby can have his or her biological Father's name. And you need to make sure that paternity is acknowledged or proven. Good luck.
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