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Paternity
Can a hospital put an ex-husband's name on a birth certificate without consent?

Can a hospital put an ex-husband's name on a birth certificate without consent?

Q: Can you give your child a last name that isn't yours?

Yes, parents can choose a last name for their child that is not their own, as long as both parents agree. However, if there are disputes over the last name, especially involving the biological father's rights, legal guidance may be necessary to resolve the issue.

Q: Is it illegal to hide a pregnancy from the father?

While it is not illegal to keep a pregnancy secret, it can lead to complex legal issues, especially regarding paternity and child support. If the biological father is not informed, he may miss opportunities to assert his rights or responsibilities. It is advisable to communicate openly to avoid legal complications.

Full question:

My step son and his girlfriend just had a baby. He is the father of this child. They both wanted the baby to have his fathers last name. But the hospital refused to do this and put her ex husband's name on the birth certificate. Can the hospital legally do this with out there consent? What should my son and his girlfriend do?

Category: Paternity
Subcategory: Birth Certificate
Date: 04/07/2025
State: Michigan

Answer:

Under Michigan law, if a mother is married at the time of conception, her husband is automatically recorded as the father on the birth certificate. This holds true even if the biological father is not the mother's husband. If the mother was not married at the time of conception or birth, the biological father's name can only be added with his written consent, typically through an Affidavit of Parentage. If there are disputes or exceptions, a court order may be required. Your son and his girlfriend may want to consult a family law attorney to explore their options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who chooses the baby's last name?

In most cases, the baby's last name can be chosen by the parents. If the parents are married, they may decide together. If they are unmarried, the mother typically has the primary say unless there is a court order or agreement stating otherwise. However, if the mother is married to someone else at the time of the child's birth, her husband's last name may be automatically assigned to the child, regardless of the biological father's wishes.

Can a child have the father's last name without his consent?

Generally, a child's last name can be assigned without the biological father's consent if the mother is married to another man at the time of birth. However, if the parents are unmarried, the father's consent is usually required to include his last name on the birth certificate. This is typically formalized through an Affidavit of Parentage.

What happens if another man signs the birth certificate?

If another man signs the birth certificate, he may be legally recognized as the father, especially if the mother is married to him at the time of birth. This can complicate matters if the biological father wishes to assert his rights. In such cases, legal action may be necessary to establish paternity and correct the birth certificate.

Can you give your child a last name that isn't yours?

Is it illegal to hide a pregnancy from the father?

Does a child automatically get the father's last name?

A child does not automatically receive the father's last name unless the parents are married at the time of birth. If the mother is unmarried, the father's name can only be added to the birth certificate with his consent, typically through an Affidavit of Parentage. If the mother is married to someone else, her husband's name may be recorded instead.