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  1. #1
    Join Date
    Nov 2013
    Posts
    1

    Default Does a Father Get the Husband's Surname if the Mother is Married

    My question involves paternity law for the State of: Oregon
    My son is having a baby with his fiance but she is still married to her first husband. She is in the process of filing divorce papers and hoping it will be completed before the baby is born. She says that if the divorce isn't finalized before the baby's birth, the last name on the BC will automatically be her soon to be ex-husband. Is this correct? If so, what can be done to rectify this?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Last Name Will the Baby Have

    The divorce won't be finalized before the birth; the court needs to address the issue of paternity (presumptive as far as her husband is concerned, biology as far as your son is concerned).

    Once the child is born, she and your son (and presumably the husband?) can easily rectify the situation. But she's got a ways to go yet.

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