I am married, been separeted for over a year, I'm having another man's baby and am wondering if anybody knows the minnesota state laws about giving a baby his father's last name when the mother is married to another man.
In IL, the husband is the presumed father. If it is someone other than the husband, he has to sign a form declining paternity before the bio father can be listed.
I'd recommend calling the hospital OB unit where you intend to deliver and talk to the person who handles birth certificates.
I am not familiar with it but I don't think you are required to have to use his name. Are you still in a relationship with him? If so, why not give the baby his name? Is the father of your child going to be very involved? If no to the aforementioned then go with your name.
Ummmm time to finalize or get that divorce???
When does the divorce finalize? If it's not until after the baby then the baby's father will probably have to do a paternity test then you can give the baby the father's last name. Call the hospital and make sure. Then make sure he can take the paternity test as soon as the baby is born or before (I am not familiar with that process).
The law presumes that a husband is the "legal" father of a child born to his wife during the marriage.
If a woman is married and has a child by someone other than her husband, Minnesota law automatically presumes that her husband is the father and he will be legally responsible for the child until paternity is established with the other man. The biological father has no legal rights or financial obligations to the child, unless he is established to be the "legal" father.
Directly from a Minnesota law web site:
Minnesota law automatically presumes that a husband is the "legal" father of a child born to his wife during the marriage. If a woman is married and has a child by someone other than her husband, Minnesota law automatically presumes that her husband is the father and he will be legally responsible for the child UNTIL paternity is established with the other man. The biological father has no legal rights or financial obligations to the child, UNLESS he is established to be the "legal" father."
I would probably not give the baby the biological father's last name until and unless you're completely remarried to him. I would give the baby YOUR last name. If you're completely certain that this other guy is the father and your husband is not, you could give the baby the other guy's surname as the baby's middle name, but I would make the official surname YOUR surname.
it shouldnt matter... you can chose the last name of the baby to be yours or the other mans.. regardles... that is that other mans baby. he should have to right to have his son or daughter have his last name.
In Missouri you cannot finalize a divorce when you are pregnant for just this reason. They require you determine paternity before the divorce is final. Not sure about your state though.
