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  1. #1

    Default Baby's Last Name if Not Legally Divorced, Boyfriend is Father

    My question involves paternity law for the State of: Virginia.

    Trying very hard to get a property settlement and separation agreement. Can't file for divorce without it, but with it, can indeed file immediately. Have moved on with life, and am expecting a baby with my boyfriend. So as long as my boyfriend is present at the time of birth, will Va let me put his last name on the baby? I'm not legally divorced, but it's not the ex's baby, and a divorce will be coming. Have been told in other states you are forced to put your husband's last name on the baby even if you are split up and will be divorcing and it's not your husband's baby! I've even had my last name changed back to my maiden name ahead of the divorce as I knew it would take some time for the divorce to go through.

    I will not allow the ex's last name on this baby! My baby's father wants his last name on the baby and that's what I want to. Does anyone know how Va treats this situation?

  2. #2
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    Default Re: Baby's Last Name if Not Legally Divorced, Boyfriend is Father

    Read this.
    Quote Quoting What happens if the mother is married to someone other than the biological father of the child?
    According to Virginia law, the husband of the mother is presumed to be the legal father of her child. If the mother is married or was married up to 10 months prior to the birth of the child to someone other than the biological father of the child, paternity must be established in court. Paternity may not be established by voluntarily signing an AOP form.

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