# Am I required to give my baby husband's last name?

**URL:** <https://forum.rosen.com/t/am-i-required-to-give-my-baby-husbands-last-name/5612>\
**Category:** Divorce and Separation Answers\
**Created:** [February 14, 2008, 6:37pm UTC](https://forum.rosen.com/t/am-i-required-to-give-my-baby-husbands-last-name/5612 "2008-02-14T18:37:41Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [February 14, 2008, 6:37pm UTC](https://forum.rosen.com/t/am-i-required-to-give-my-baby-husbands-last-name/5612/1 "2008-02-14T18:37:41Z")

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You can give your child your last name.

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office  
1829 East Franklin Street  
Building 600  
Chapel Hill, NC 27514  
(919) 321.0780

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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**Author:** ![kerrymorrison](https://avatars.discourse-cdn.com/v4/letter/k/87869e/32.png) [@kerrymorrison](https://forum.rosen.com/u/kerrymorrison)\
**Post date:** [March 5, 2008, 9:06am UTC](https://forum.rosen.com/t/am-i-required-to-give-my-baby-husbands-last-name/5612/2 "2008-03-05T09:06:19Z")

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If I do so, would he be able to have it changed to just his last name without my permission later on?

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**Author:** ![MyKidzMom](https://avatars.discourse-cdn.com/v4/letter/m/e19adc/32.png) [@MyKidzMom](https://forum.rosen.com/u/MyKidzMom)\
**Post date:** [March 5, 2008, 4:05pm UTC](https://forum.rosen.com/t/am-i-required-to-give-my-baby-husbands-last-name/5612/3 "2008-03-05T16:05:32Z")

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> quote:
> * * *
> [i]Originally posted by kerrymorrison[/i] [br]If I do so, would he be able to have it changed to just his last name without my permission later on?
> * * *

If I am not mistaken he can take you to court and if the judge finds it in the childs best interest it can be changed to his without your permission. If you think it will be a problem do his-yours instead of yours/his.

good luck

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**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\
**Post date:** [March 6, 2008, 5:58pm UTC](https://forum.rosen.com/t/am-i-required-to-give-my-baby-husbands-last-name/5612/4 "2008-03-06T17:58:23Z")

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He will not be able to change the name in the future without your consent or an order from the court.

Helena M. Nevicosi  
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500  
Raleigh, North Carolina 27607  
919.787.6668 main phone  
919.787.6361 main fax

Charlotte Office  
301 McCullough Drive  
Suite 510  
Charlotte, NC 28262  
Main Phone: (704)307.4600  
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office  
1829 East Franklin Street  
Building 600  
Chapel Hill, NC 27514  
(919) 321.0780

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

---

<div class="post-metadata">

**Author:** ![kerrymorrison](https://avatars.discourse-cdn.com/v4/letter/k/87869e/32.png) [@kerrymorrison](https://forum.rosen.com/u/kerrymorrison)\
**Post date:** [February 13, 2008, 9:25am UTC](https://forum.rosen.com/t/am-i-required-to-give-my-baby-husbands-last-name/5612/5 "2008-02-13T09:25:07Z")

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Here’s the short story - got married in Sept. 07 after 4 months of dating (yes, I know, STUPID). I got pregnant and 3 weeks into the marriage we got in a huge fight, things were clearly not working out so I took my son (not ex’s child) and left. My baby girl is due in late April. Am I _required_ to give her my soon to be ex husband’s last name? Can I give her my name? I really hate the tradition of giving children the father’s last name “just because”. My ex and I had discussed giving her a hyphenated name mine-his, but I really hate to stick her with that, but I’d hate to give her just his name only even more. My little boy has my last name and I am very proud of it. Can I do the same with my daughter? What are my rights concerning my last name?
