Baby's last name

July 6, 2006 9:44pm CST
I recently got married. She has since left me and she is pregnant. What rights do I have to the childs last name? There was no violence or aissues like that. She is BI-polar and has decided that she doesn't love me anymore.
1 person likes this
25 responses
@sedel1027 (17846)
• Cupertino, California
7 Jul 06
Even though the child is yours, she does not have to use your last name. She can use her last name, it is really up to her unless you can talk her out of it. If she puts her last name on the birth certificate the only way to change it is to take her to court and depending on what state you live in the judge may not side with you (you should check with a family law attorney).
2 people like this
@sabrinam (1203)
• United States
24 Oct 06
I hate to make a mess of this but being Bi-Polar does not mean someone is an unfit mother. My best friend is Bi-Polar and she is a great mother. Every case is different, sir you need the advise of an attorney, check if there are any organizations that advocate for fathers, in the US we have Fathers for Equal Rights, look them up, they might have a charter in Canada, but good luck. In the states, if momma wants child support that name better belong to the baby's daddy....
@sedel1027 (17846)
• Cupertino, California
24 Oct 06
I didn't mean that being bi-polar would make her unfit. I meant that she owuld have to prove that being bi-polar made her unfit. There are kids in the US receiving child support and the last name doesn't match up with the father.
• United States
8 Jan 07
well maybe you can talk to her about it, and she will see that you are a part of this baby, and will let you sign the birth certificate. just another challenge, but if you want to be there for that baby, and have rights to its last name then prove it. Be something and support that child and prove to her that you can be a father and that you want the baby to have your last name with luck that should work, and is she doesnt love you that does not mean in her heart she dont need you.
1 person likes this
@rherdey (966)
• United States
7 Jul 06
Is the childs last name now yours since you are married. And is the child yours?
• Canada
24 Oct 06
The is most unfortunate. Perhaps your ex could get some help for her Bi-Polar disorder. There is lots of help out there. If you are going to be a reliable participant with regard to raising and paying for the child by all means, yes your name should be used. Bottom line when both parents are known for any child both names should be used. It is a sin for any child not to know both of its parents.
• Canada
24 Oct 06
Unhappy-I too am Canadian, and if you wish to go into further detail and want to email me, (or myLotmail me) I have relatives in family law who may be of assistance. I can "hypothetically" pose this question to them.
1 person likes this
@mona123 (911)
• United States
24 Oct 06
i m sorry .. i have no idea about this but i want to wish you good luck. May you get best in your life ... eat , drink n be merry :)
1 person likes this
@runsgame (2031)
• India
6 Jan 07
in india normally the last name will be the title name of your cast/religion . but it need not be so also because it is being kept for just calling or identifying . but it should not be other than yours because it is your child . a better identification can be made in that .
@shaggydog (647)
• Canada
25 Oct 06
your the babies father so i feel that the baby should have your last name and don't worry because father's have rights
@Jshean20 (14348)
• Canada
25 Oct 06
I'm very sorry to hear about your current situation. Clearly your Ex is very ill, have you been trying to get her the help that she needs? To the best of my knowledge the child will take your last name..I think??
@RieRie (820)
19 Nov 06
I know in England that she decides to give the baby her own laast name then you have no rights at all, but if she chooses to use your last name then you have all the rights you would normally have, but she's the one who can choose the last name, because she's left you, but if you're only seperated and not divorced I think she'll have to use your last name. Maybe goto citizens advice (or whatever your country offers)
@hush5605 (674)
• United States
25 Oct 06
I just read your thread and I was wondering if you'd had any luck sorting things out? I sure hope things have gone well for you!
• United States
25 Oct 06
I know here in the States, the mother gets to choose the last name. You might have a good chance at a custody battle though because of her bi-polar disorder.
@krysy1982 (1041)
• United States
19 Nov 06
It all depends on the laws there.
• United States
30 Nov 06
Strange as this might seem, a parent or whoever is filling out the name section of a birth certificate can put in any name they want, as long as it doesn't include profanity. Just having your name on the birth certificate acknowledges your parental status. It does not however ensure any parental right. Your best course of action is to consult with an attorney specializing in family law. He/she can best advise you on your options. Bipolarism is a difficult condition, it has 'degrees' of severity, mildly bipolar can become worse and those with extreme bipolarism can become better. At this point I am wondering about her medications as often they are either reduced or removed when a female bipolar becomes pregnant. It could be she is responding to a chemical imbalance and lack of meds, not to mention the hormonal windstorm that is occurring in her body and brain...and she will reconsider her decision at a future time.
• United States
30 Nov 06
Strange as this might seem, a parent or whoever is filling out the name section of a birth certificate can put in any name they want, as long as it doesn't include profanity. Just having your name on the birth certificate acknowledges your parental status. It does not however ensure any parental right. Your best course of action is to consult with an attorney specializing in family law. He/she can best advise you on your options. Bipolarism is a difficult condition, it has 'degrees' of severity, mildly bipolar can become worse and those with extreme bipolarism can become better. At this point I am wondering about her medications as often they are either reduced or removed when a female bipolar becomes pregnant. It could be she is responding to a chemical imbalance and lack of meds, not to mention the hormonal windstorm that is occurring in her body and brain...and she will reconsider her decision at a future time.
• United States
24 Oct 06
I feel for you, I hope everything works out for the best for you. Good luck. Sorry I'm not any help but you are in my thoughts.
@britishyip (1609)
• India
24 Oct 06
sorry to hear abt it.. it shd b ur name as u were married to that lady..
@carmat (2849)
• Canada
25 Oct 06
Be there when it is born and get your name on the papers if that is what you want, she doesn't have to use your name.
@pumpkinjam (8742)
• United Kingdom
24 Oct 06
There is no law about a childs last name except that, if she chooses, she can give the child your name without you being there because you are married. You can't force her to give the baby your name or to not give the baby your name.
• United States
24 Oct 06
That's such a sad case...I hope everything goes well for you & your baby. Sorry I can't help much on info. I live in the states & don't know about Canadian laws.
@msqtech (15073)
• United States
24 Oct 06
If she is married to you, you have rights of parenthood not just naming but of custodial relationship and she cant just take it from you.