AboutJeff Laatsch Expertise WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...
Experience Self taught and experience with working with various Court Clerks.
Expert: Jeff Laatsch Date: 5/15/2008 Subject: Non Married: name on birth certificate
Question My son is expecting his first child with his girlfriend who is still being supported by her parents. My son was recently told that his unborn child cannot carry his last name because his girlfriends parents insurance will not cover the babies welfare once it's born if it does carry the last name of hers. Is this legal? And can her parents enforce this issue of the baby not having my sons last name? Help!
Answer Divina:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.
If your son is not married to girlfriend, the answer is yes. The legal name of the child must follow the Mother. However, the other question does come into mind with reference to 'Child Support'.
If your son is not of legal age yet, or if there have been no child support worksheets filled out and legal documentation submitted to courts for child support payments then once again the parents of the MOM are correct because they must carry the burden of supporting the child.
I would prepare your son to get ready to pay child support though because it is his responsibility along with the childs Mom.
Now I recommend checking with a Attorney, but legally I know Mom has the right to have child have her last name unless married whereby the child takes on the last name of the married couple.
Seek out a Professional Attorney for further assistance.
