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  1. #1
    Join Date
    Oct 2007

    Default Child's Surname When Husband is Not The Father

    I am married but seperated and having a baby soon that is not my husbands. I have heard rumors that in NC the child has to have my husband's name bc we are still married. Is this true?

    The father of the baby doesn't seem to want to have anything to do with it at the moment, so is it still legal for me to somehow have his last name put on the birth certificate?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Child's Surname When Husband is Not The Father

    North Carolina law provides,
    Quote Quoting NCGS 130A-101(e) - Birth Registration
    (e) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless paternity has been otherwise determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered. The surname of the child shall be the same as that of the husband, except that upon agreement of the husband and mother, or upon agreement of the mother and father if paternity has been otherwise determined, any surname may be chosen.

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