New baby's last name?

North Carolina Divorce Law Divorce and Separation Answers
1

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

2

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

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Raleigh, North Carolina 27607
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3

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??