Having a baby

If your girlfriend is still married her Husband is legally considered to be the father of the child. If they have been separated for over one year then the best thing for her to do would be for her to file for divorce immediately. If the baby is born and she is still married, her Husband would be named on the birth certificate and the baby would be given her name or her Husband’s name. If the baby is born and she is still married you can file an action for the establishment of paternity.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

My girlfrind and I are having a baby.This part I love. THe part I don’t like is that she is still married. She has been seperated over 2 years. I have heard that when she has the baby she will have to give it her husbands last name? I really dont think this is so or should be so. I am the babies father do I have any rights as to this matter? Can we name the baby what ever we want to?
Signed concerned father to be!!