New baby's last name?

sorry to bump this, but I’ve seen that everyone else’s posts have been answered, so I thought that mine was accidentally missed.

As far as I know there is no law requiring you to give the child your Husband’s last name. Your Husband will be the presumed father of the child and you will need to have your boyfriend file an action to establish paternity if your Husband does not consent to this.

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


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.

I’ve been legally separated from my ex for almost two years. My boyfriend and I are expecting a baby in late February. If I don’t get a divorce by then, will our baby automatically have my married name? Or at least my maiden name? And what happens when I finally do get a divorce? Will my boyfriend have to actually adopt his own son so he can have his last name??