A child born to unmarried parents will be registered using the mother's surname, unless both parents agree to use the father's surname.
The last name can be: The mother's surname when the child was born; The father's surname when the child was born; Both parents' names, recorded in any order, hyphenated or unhyphenated; or.
For example, most states mandate that the child should have two names. Typically, that is the last name of the mother if she is not married and the last name of the father if married. There are states that allow unmarried mothers to choose her or the father's name.
Whether you are married or not, you don't have to give the baby the last name of either parent if you don't want to, and the child does not have to have the father's last name to be considered "legitimate." (See the article Legitimacy of Children Born to Unmarried Parents for more on the subject.)
However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by their father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.
In the case of unmarried parents, in order to put the father on the birth certificate, the father will need to fill out and sign a voluntary AOP form. If the father is at the birth, the form and witnesses will most likely be provided at the hospital.
With a few exceptions, most states allow parents to choose their child's name, without restriction. Unmarried partners can decide to choose one parent's last name, hyphenate both last names, or create a new last name that combines both parents' names.
Some names lend themselves well to hyphenation while others don't. If you don't like hyphens but still want to use both names, your child can simply have two last names.
If a child is born to unmarried parents, the child will take the mother's surname unless the child's father consents to have his surname registered on the birth certificate. If the parties live together in a marriage-like relationship, then the parents may wish for the child to have the father's surname.
In most human societies, surnames are paternally inherited, that is, they pass from a father to all of his children. The Y chromosome is also inherited paternally, but it is passed only from father to son. In theory then, males sharing the same surname should also share identical or closely related Y chromosomes.
Traditionally, the first surname is paternal and comes from the father, while the second surname is maternal and comes from the mother. In recent years, some countries have allowed parents to alter the order of surnames for their children, but in historical records paternal surnames generally precede maternal names.
People usually take their father's last name because it's a tradition that has existed since the beginning of time. Not just because of a patriarchal society but also because of declaration of paternity. Those days, it was disgraceful for both mother and child, if the child didn't know their father's name.
Australia's Child Naming Regulations
The surname, by law, has to take the surname of the parents, while the given name and middle name are at the parents discretion. Some parents adopt the maiden name of the mother to be the child's middle name.
"The Custody of any child born out of wedlock follows that of the mother in the absence of any person claiming custody of the child on the basis of being the natural father. Refer to Ben Enwonwu v Spira (supra) at p. 223.
Parents have can give their child whatever name or surname they want. Although it's traditional to give a child the father's surname, or, less commonly, the mother's surname, the child's surname could be a combination of both (for example) — or something completely different.
Whoever registers the birth can give the child any name and surname they choose. Even if you are registered on the birth certificate as the baby's father, you have no right to insist that the child is given your surname.
You can go the "traditional" route and list your "maiden" name first, or you could choose to list your new last name first, followed by your original last name. Some couples decide to have both partners change to the hyphenated last name, as a show of unity and equality.
No law in the US requires that parent and child have the same last name. It is usual that a child's name match that of at least one parent, but not required. A parent can change his or her name, without changing the names of any existing children.
You can pretty much give your baby any random surname you want, in the U.S.. In certain jurisdictions, in paternity cases, however, the father can petition to have the name changed on the birth certificate to his last name. There are very few jurisdictions where this is the case, but Tennessee is one of them.
The child will carry Mother's surname unless both parents agree to adopt Father's name. Establishing paternity does not warrant the changing of a child's name, unless ordered by the court. The court must also make a judgment of best interest before changing the child's name.
A recent BabyCenter survey found that only about 4% of children are given the mother's surname. There are certain instances where this is more common, such as when a child is born to a single mother.
In cases where the child is born out of wedlock, the child often gets the mother's last name. But if paternity is established, both parents have the right to petition the court to change the child's last name. After the name change, the court will issue a new birth certificate with the changed name.
Unmarried Mothers Have Automatic Rights
When a child is born to unmarried parents, the mother automatically has sole physical and legal custody of her child. Until paternity is legally established, the father has zero rights and responsibilities toward his child, even if biologically, the child is his.
A mother, or father, cannot change a child's surname by herself or himself unless she or he is the only person with parental responsibility. Even then if the other parent objects a Court Order should be made.
3 The parents, doctor or midwife, and hospital or birthing center staff usually fill out and submit all the paperwork. The time you have to complete this paperwork varies. Parents often ask whether or not they have to decide on their baby's name before leaving the hospital.