Use of Mother's Last Name

[aclendennin]

My question involves name change laws in the State of: Georgia...

I am currently engaged to my fiance of a few years and we are expecting our first child in september. We have not decided on a wedding date or even have one in mind. I was wanting to make sure that it was going to be legal for me to give my daughter my current last name instead of his. And if it would be possible to go back and change it at a later date when we do decide to get married. I do plan on having him on the Birth Cert. but i want her to have the same last name as i have. Also... would his parents have any say in what name i choose to give her?

[LawResearcherMissy]

You can name your baby Tallulah Does The Hula (though I don't recommend it), and it's perfectly legal.

Unless and until paternity is legally established - via AOP or court order - your fiance doesn't get a whole lot of say, and even after paternity is legally established, the judge might order a hyphenated last name if Dad is insisting the child bear his name.

You can always petition for a change of name later, if you choose.

Your fiance's parents have ZERO say in ANY matter pertaining to the child. Your parents don't, either.

[Mr. Knowitall]

If you're planning on having him sign an affidavit of parentage, but want the child's surname to be yours and not his, I suggest that you work this out with him beforehand.

You can pick the child's surname. You can later go to court with a legal name change action to change the child's surname to the father's. If he's not on the birth certificate, you should be able to change the child's surname to his when he executed the acknowledgment of paternity, but that would mean not establishing paternity until a later date.