Babys surname - legally where do we stand?

kj*daisy

I think the "legal problems" referred to may be that if you give the child your partners name and split up your child then has your ex's name and he may have to consent for it to be changed back to yours? Whereas giving a child your name means you wouldn't have that issue. But my children got my partners name and when we later married I never changed my name anyway - so they still have a different name to me. We didn't double barrell the names as they sound terrible together. Hth.

redmel1621

My first son was born before we got married and he went straight into dad's surname, nobody mentioned any problems to us. Second son was born just after we got married (married 7mths pregnant)so we all have same surname now, which what I wanted really.

I would say do whatever you want to it makes no difference to anyone but you.

Mel x

Strapped

vix2000 wrote: »

firstly if your partners name is on the birth certificate he has parental rights for the future no matter what name you give the baby. Giving it your name makes no difference whatsoeever.

If the fathers name doesn't go on the birth certificate and they do not have parental rights, you can change the name for about £40 by statutory declaration to whatever you want. I have just done this for my youngest.

Secondly illegitimate means 'born out of wedlock' therefore unless you plan to marry before the birth the baby will be illegitimate anyway, along with about 99% of the population including my children and grandchildren. Getting married after the birth doesn't change that, the baby will always be illegitimate.

I didn't think this entered anyones head nowadays!!!

Just to add - unless you are a member of the aristocracy, or planning to marry someone with a hereditary title (with or without attached estate ) then the question of "illegitimacy" is meaningless in law nowadays!

BernadetteN

Have you considered giving the baby both surnames but not adding a "-" between them? You can then just us one of the surnames in everyday life eg. Chloe Smith Jones could just be known as Chloe Smith or Chloe Jones. This is the way my sister has her daughter's name arranged, X dad's surname mum's surname, but in everyday life she is known a X dad's surname.

As for any re-registration when birth occurs then a subsequent marriage between biological parents, it's easy peasy to do. It took us 10 minutes down the Register Office with the original birth certificate and marriage certificate. The only complicated bit for the Registrar was that I have chosen not to take may husband's name and therefore in the section with maiden name of mother it still says the same name as appears in the section with my full name. None of the kids have any problems that I have a different surname to them. I get known at school only by my husband's surname, only because otherwise they'd call me Mrs Maiden Name and I couldn't stand that (dentist did that the other day by accident and I just cringed).

It is up to you in the end to decide on surnames, but reading another thread recently about the consequences of giving a father's surname to children and the possible ramifications following breakdown of relationships may give you an idea of what could happen in the future.

svmitche

I'm in the same situation and have been encouraged by the responses you've had. I must admit I was quite blase about the whole thing and just assumed we would give baby my OH's name, but then relatives did start interferring saying that it would be difficult etc etc.

I have decided now (and my only advice to you) is to do what YOU and your OH want. You sound really unsure of double-barrelling etc so I would say don't do it. We're not keen on the double barrel, but as we're having a boy we were considering putting my surname in as a middle name, but if we were having a girl we wouldn't have done so. The important thing is that it sits comfortabley with both of you, not what other people (family - :mad: ) think. I know your parents want to be supportive and are trying to look out for you, but I know from experience that sometimes the advice just gets too confusing!!

Good luck anyway and I hope you're both happy with your choice!

miss_corerupted

i haven't got any children and when i do i have no intention of the child having the father's surname if we are not married (mayb not even then) I like my surname!!! i am confused when i put my boyf name down on the the birth certificate does his surname automatically become the baby's surname??

sorry for hijacking

msmicawber

No, if you're unmarried, then you can choose which surname the child has and the father's name being on the birth certificate doesn't mean that the child must have his surname.

FriendlyJ

Hiya
You can basically call the baby any name you like - he/she doesn't even have to be your registered in your surname. The only thing that you have to bear in mind is that any surname that you give the child at the time of registration cannot be changed (in exceptional circumstances only) it will always show in the register & on the birth certificate as the name in which you registered unless you give the child your surname initially & then re-register on marriage to the childs father & want to change to dad's name then.
There always exceptions as peoples circumstances are different, but your local Registrar will always be able to give you advice.
Sorry that rambles on but hopefully it makes sense
J

vix2000

Strapped wrote: »

Just to add - unless you are a member of the aristocracy, or planning to marry someone with a hereditary title (with or without attached estate ) then the question of "illegitimacy" is meaningless in law nowadays!

Exactly what I was trying to point out in the first place by saying

" I didn't think this entered anyones head nowadays!!!"

donna-j_2

It certainly didn't enter mine. My child (and the second one to come in April), is just as 'legitimate' as anyone else's. It's such an old-fashioned notion.

DS has OH's surname. If I thought we were ever likely to split then we wouldn't be having children, but then I guess everyone thinks that ... Regardless, they will still be his children whatever happens so why would I want to take that away from him? His surname is much nicer than mine anyway.