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Does a Child Have to Have the Legal Father's Last Name

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  • 03-02-2014, 09:57 PM
    _wolf_
    Does a Child Have to Have the Legal Father's Last Name
    My question involves name change laws in the State of: Illinois

    Ok, I was married at the time I became pregnant and gave birth. The child is biologically not my husband's, but legally she is due to the marriage. I gave the child her biological father's last name (no DNA test done yet), and my husband found out that I legally can't do that because I'm married to him. He claimed he spoke with a bunch of people in the legal field that said that my child had to have my maiden name, or his last name. Due to this, I freaked out and filled out a name change paper thing (that I think was for corrections only), and he finally decided to mail it in after some 3 months of this paper sitting around. Is it true that the child has to have either the mother's maiden name or the legal father's last name? He has not signed her birth certificate - no father is listed at the moment. And if she is able to have ANY last name, would I be able to change it back to what it was originally if the paper sent in is accepted?
  • 03-03-2014, 05:55 AM
    llworking
    Re: Il: Does Child Have to Have Legal Father's Last Name
    Quote:

    Quoting _wolf_
    View Post
    My question involves name change laws in the State of: Illinois

    Ok, I was married at the time I became pregnant and gave birth. The child is biologically not my husband's, but legally she is due to the marriage. I gave the child her biological father's last name (no DNA test done yet), and my husband found out that I legally can't do that because I'm married to him. He claimed he spoke with a bunch of people in the legal field that said that my child had to have my maiden name, or his last name. Due to this, I freaked out and filled out a name change paper thing (that I think was for corrections only), and he finally decided to mail it in after some 3 months of this paper sitting around. Is it true that the child has to have either the mother's maiden name or the legal father's last name? He has not signed her birth certificate - no father is listed at the moment. And if she is able to have ANY last name, would I be able to change it back to what it was originally if the paper sent in is accepted?

    Please don't be offended but why in the world didn't you ask this question BEFORE you filled out the paperwork, or at least before it was mailed in?
  • 03-03-2014, 12:31 PM
    Mr. Knowitall
    Re: Does a Child Have to Have the Legal Father's Last Name
    It is incorrect that you cannot give the child a surname other than your husband's or your maiden name, but it is correct that you are not permitted to give the child the name of the putative father unless you have executed an acknowledgement of paternity with the putative father and have executed a denial of paternity with your husband.
    Quote:

    Quoting 410 ILCS 535/12(4)
    Unless otherwise provided in this Act, if the mother was married at the time of conception or birth and the presumed father (that is, the mother's husband) is not the biological father of the child, the name of the biological father shall be entered on the child's birth certificate only if, in accordance with subsection (5), (i) the mother and the person to be named as the father have signed an acknowledgment of parentage and (ii) the mother and presumed father have signed a denial of paternity.

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