Can a newborn be refused his father's last name if the mom was previously married, and didn't finalize the divorce?

Um…“the lady in charge” is referring to some kind of nurse-administrator, right? My suggestion would be to raise A WHOLE BUNCH OF HELL and speak to her supervisor and ask to see the portion of the law where it says that the person in the hospital has any authority over the name at all. Then ask to speak to the hospital attorney.

She can’t do that

I agree with playthebanjo. You could give the kid the name poopy pants if you wanted to, and no one can tell you no. Once you talk to a hospital attorney I’d file a formal complaint against the woman who tried to thrust her values on you. I’d like an update. I’m quite curious about this. Does NY have some bizarre puritanical laws governing baby names?

Don’t know why I thought New York. Do you live on Kentucky or something? I’d be less surprised if you do.

Please clarify the state. Supeisingly different states have differing rules in regards to this. Bottom line if you don’t want to raise the fuss (although you should) just ask for the paperwork to file yourself after you assess the situation. Then take it to the administration yourself. You should have 30 days to decide on a name and the registrar won’t care.

thank you everyone for your feedback. I live in CA. Apparently state law says that the baby can have my last name, but I can’t be on the birth certificate as the father until my fiancé gets divorced. State law creates a presumption that the husband is the father. Some f@cking law. My view on this. BULLSH!t!!!

That is seriously screwed up. Did the attorney tell you that?

I live in ca, and frankly I find this bull$&@!
2 people of the same sex can be listed as parents, but father automatically means husband? Makes no sense. Who told you this? If this is true we need a referendum right now!

It’s true. They gave me paper work about it. Apparently if she weren’t married, she could list anyone she wanted. Like a boyfriend, even if he wasn’t the biological father. I guess she has to go to court to obtain a judgement of paternity to overcome the presumption that her ex-husband is the father.

Side Note: Congratulations on the child. Despite the nonsense its so much joy in your life.

Little clarification. In CA if she was unmarried the father placed on the birth certificate has to sign a document stating that he believes he is the father.
But yes that marriage rule is used in California as well as a few other states.

Yeah. Apparently that’s the situation. The Council is right though. He is a great addition to my family. Thanks for the Congrats The Council.

Thanks to everyone for the help, and support. I appreciate it. :•)

Last I checked you are the father of the baby, not her ex. So there for your last name legally should be used, unless for some reason your fiance refused which would be ridiculous.

Thanks Trance24. I was wrong about the last name. Apparently it’s my name on the birth certificate that can’t be typed in. We discussed that. Sorry about the mix up.

Sorry! Just to clear everything up. I was originally told that my baby boy couldn’t have my last name.

Well hope all goes good!

@Trance24~ Thanks alot. I appreciate the support.