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  1. #1
    Join Date
    Jun 2009
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    2

    Default Choosing a Child's Surname in Louisiana

    My question involves paternity law for the State of: Louisiana

    My girlfriend and I are having a child. We're both previously divorced, and she is still using her married name from her first marriage.

    I've done some research and have seen that I could sign an Acknowledgment of Paternity at the hospital upon birth, after which she and I could agree for the child to take on my surname (or a combination of both our surnames). Otherwise, the child would take on her surname.

    My question is, if for some reason I was unable to be at the birth (which is unlikely but still) to sign this AOP, would the child be given her current last name, or her maiden name?

    Thanks in advance.

  2. #2
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    Default Re: Choosing a Child's Surname in Louisiana

    What's her plan?

    There's no automatic grant of the father's surname to the child in Louisiana, unless you're married to the mother at the time of birth (and you haven't agreed otherwise).

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Choosing a Child's Surname in Louisiana

    She's on board with the child having my last name. We'll probably get married at some point anyway; it's just not likely to occur prior to the birth.

    I'm just curious, should I be unable to attend the birth and fill out the AOP for whatever reason, if the child would take her maiden name, or her current name (i.e. the surname of her ex-husband).

    The only information I was able to find states that the child would take the mother's maiden name, but I couldn't find anything regarding the event that the mother no longer used her maiden name. And I find it hard to believe the child would be given a last name that neither the mother nor father currently use.

    Thanks again for any assistance.

  4. #4
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    Default Re: Choosing a Child's Surname in Louisiana

    If you're absent when she applies for the birth certificate, the child will have the surname she requests.

  5. #5
    Join Date
    Jul 2009
    Posts
    6

    Default Re: Choosing a Child's Surname in Louisiana

    They will use her maiden named. The only way they use her married name is if she is still legally married to the husband

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