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last name for baby

Original post by dplehat

OK I was wondering if any lawyers or computer savvy ladies can help me. Here is the issue. I didn't change my last name when I got married. I don't ever plan on changing it. We were supposed to hyphenate the babies last name but dh decided he doesn't want it. He wants to just put the two last names together without a hyphen ie: instead of Smith-Jones it would be Smithjones.
Does anyone know if this is legal?
Can we do this or do we have to have a space or a hyphen? Like First Middle Smith-Jones or First Middle Smith Jones.
Thanks for any help. I looked online but I can't find anything relevant on it.
Future Mrs. Posted:

Re: last name for baby

your child must have the same last name as either you or your husband. The only way that you can make it 'smithjones' is if you and/or your DH legally change your name to smithjones also.
Your child cannot have a totally different last name.

ANd besides, don't you think that would be alienating your child to give him/her a different last name than you and DH? People would think you're from 3 different families!

(this is coming from somone who kept her maiden name)
Kara and Todd Posted:

Re: last name for baby


Posted by werock0709

I don't think you can do this. Because when he signs the papers of paternity etc,they may find it a bit odd. The baby can have any first nameyou want, but I believe even if you kept your maiden name, since the fathers name is on the birth certificate, it would be his last name. Then if you wanted both last names, you would have to change his birth certificate.



Not true at all. The baby can have the mother or the father's last name.

I know at least one person (a fellow attorney) whose son has HER last name, even though she is happily married to the father and the father's name is on the birth certificate.
Kara and Todd Posted:

Re: last name for baby


Posted by Future Mrs.

your child must have the same last name as either you or your husband. The only way that you can make it 'smithjones' is if you and/or your DH legally change your name to smithjones also.
Your child cannot have a totally different last name.





I'm pretty sure this is true. I don't think you can make up a last name for your child.


ANd besides, don't you think that would be alienating your child to give him/her a different last name than you and DH? People would think you're from 3 different families!


I have to agree here. I think it would be difficult for your child to have a completely different name from either you or your husband.

When you have children, even if you legally keep y our maiden name, will you use your married name socially? Many women do -- I know many who didn't change their name whose children's friends call them Mrs. Married instead of Mrs. Maiden.... something to think about.
dplehat Posted:

Re: last name for baby


Posted by Future Mrs.

your child must have the same last name as either you or your husband. The only way that you can make it 'smithjones' is if you and/or your DH legally change your name to smithjones also.
Your child cannot have a totally different last name.

ANd besides, don't you think that would be alienating your child to give him/her a different last name than you and DH? People would think you're from 3 different families!

(this is coming from somone who kept her maiden name)



I completely agree that the baby should not have a different name then us. I personally don't want to do this. I want the last names hyphenated Mine-His. Dh is the one that is giving me a hard time about it. He thinks the baby should have his and only his name. I say the baby should have both with a hyphen since the baby comes from both of us. Then he came back with squishing the names together or using both with no hyphen.
His answer to dealing with this problem is ignoring it or trying to guilt me into doing things his way. I figured I would see what the ladies here think. Since I know there are a few lawyers that may know the law. I don't want the baby to have its own last name. I want it to have OUR last names. I am just so aggravated since this was discussed before we were even married. He waited for me to approach popping time to change his mind or conveniently not remember ANY of the times we discussed this.
Oh and our names hyphenated will be a total of 9 letters. So it is not too long for legal forms.
Kara and Todd Posted:

Re: last name for baby


Posted by dplehat


Posted by Future Mrs.

your child must have the same last name as either you or your husband. The only way that you can make it 'smithjones' is if you and/or your DH legally change your name to smithjones also.
Your child cannot have a totally different last name.

ANd besides, don't you think that would be alienating your child to give him/her a different last name than you and DH? People would think you're from 3 different families!

(this is coming from somone who kept her maiden name)



I completely agree that the baby should not have a different name then us. I personally don't want to do this. I want the last names hyphenated Mine-His. Dh is the one that is giving me a hard time about it. He thinks the baby should have his and only his name. I say the baby should have both with a hyphen since the baby comes from both of us. Then he came back with squishing the names together or using both with no hyphen.
His answer to dealing with this problem is ignoring it or trying to guilt me into doing things his way. I figured I would see what the ladies here think. Since I know there are a few lawyers that may know the law. I don't want the baby to have its own last name. I want it to have OUR last names. I am just so aggravated since this was discussed before we were even married. He waited for me to approach popping time to change his mind or conveniently not remember ANY of the times we discussed this.
Oh and our names hyphenated will be a total of 9 letters. So it is not too long for legal forms.



I'm still pretty sure that Smith-Jones must be either your or the father's legal name for the baby to have that as a last name.
erdbeere Posted:

Re: last name for baby

I've looked into baby naming laws before and if I remember correctly (99.9% sure) you CAN infact combine your last names, or even give the baby a whole new last name.

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