Check with the office of vital statistics. In my case, even though we are legally married I was not carrying STBX name at the time of birth. Also they would not allow me to put him on the birth certificate when he was not there to sign it.
In NYS, the child carries the last name of the mother, married or not. To change that, a legal name change has to be done.
Actually, in NYS, married parents can choose any surname together (mom's, dad's, maternal maiden name, combination of names, name from ethnic custom, name unrelated to the parents etc)- the key is that both parents must agree to it. Unmarried mothers have the right to choose any surname they wish for their child. (They just are not able to list dad as the father if he does not sign the paternity affidavit).
To original poster, as pp suggested, contact the vital statistics office, or you can also see if your state has a birth data office. The hospital will also likely to be able to provide you with the birth certificate worksheet, which will generally spell out the state's naming rules fairly clearly.
Judging from your ticker- your baby has not yet arrived. i would suggest your RUN to your family probate office to change your name immediately so that there is time for your paperwork to get changed and you can submit all the forms to change your license, ssn card, etc. Then, when you are filling out the babys birth certificate, if you chose to have your x sign as the father and legal guardian then he will see that you want the baby to have your maiden name. if you arent going to have him be at the hospital, and you arent going to have him sign the certificate, then it doesnt matter. my son;s father did not want my son to have my last name- and at the time we were still together, so i (as usual) wanted to avoid an argument and gave in to him- and he has his fathers last name. a month later- when i saw how horrible of a father he was, i kicked him out of my house, and gave him back the engagement ring. i had to get him to sign the paperwork to have my son;s name hypenated- which sucked bc im doing ALL the work.
long story short- i live in mass, and if you wanted to change your baby;s last name after he is born, you need to get the father's permission and approval or you will have to post teh request to change the name in the paper, then go to court if anyone objects the change. also, in mass a father cant give up his rights and leave a child as a 'bastard' unless there is another man who will be adopting the child.
from someone who has regretting the name of the child- please please please name your baby after your maiden name
Girlfriend was able to give her son her maiden name at the hospital. Initial baby paperwork is filed within 72 hours of birth. BTW girlfriend was married to her ex and had his last name and still was able to give her son her maiden name and this was down in Florida.
Re: Birth certificate & last name
In NYS, the child carries the last name of the mother, married or not. To change that, a legal name change has to be done.
I don't know Massachusetts law but does your STBX want to fight this?
The state is pretty liberal but I would suggest asking your attorney.
Actually, in NYS, married parents can choose any surname together (mom's, dad's, maternal maiden name, combination of names, name from ethnic custom, name unrelated to the parents etc)- the key is that both parents must agree to it. Unmarried mothers have the right to choose any surname they wish for their child. (They just are not able to list dad as the father if he does not sign the paternity affidavit).
To original poster, as pp suggested, contact the vital statistics office, or you can also see if your state has a birth data office. The hospital will also likely to be able to provide you with the birth certificate worksheet, which will generally spell out the state's naming rules fairly clearly.
Judging from your ticker- your baby has not yet arrived. i would suggest your RUN to your family probate office to change your name immediately so that there is time for your paperwork to get changed and you can submit all the forms to change your license, ssn card, etc. Then, when you are filling out the babys birth certificate, if you chose to have your x sign as the father and legal guardian then he will see that you want the baby to have your maiden name. if you arent going to have him be at the hospital, and you arent going to have him sign the certificate, then it doesnt matter. my son;s father did not want my son to have my last name- and at the time we were still together, so i (as usual) wanted to avoid an argument and gave in to him- and he has his fathers last name. a month later- when i saw how horrible of a father he was, i kicked him out of my house, and gave him back the engagement ring. i had to get him to sign the paperwork to have my son;s name hypenated- which sucked bc im doing ALL the work.
long story short- i live in mass, and if you wanted to change your baby;s last name after he is born, you need to get the father's permission and approval or you will have to post teh request to change the name in the paper, then go to court if anyone objects the change. also, in mass a father cant give up his rights and leave a child as a 'bastard' unless there is another man who will be adopting the child.
from someone who has regretting the name of the child- please please please name your baby after your maiden name
Good Luck!