# New baby's last name? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [December 6, 2007, 7:11am UTC](https://forum.rosen.com/t/new-babys-last-name/5357 "2007-12-06T07:11:34Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![alliecat684](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@alliecat684](https://forum.rosen.com/u/alliecat684)\ **Post date:** [December 6, 2007, 7:11am UTC](https://forum.rosen.com/t/new-babys-last-name/5357/1 "2007-12-06T07:11:34Z")
sorry to bump this, but I’ve seen that everyone else’s posts have been answered, so I thought that mine was accidentally missed. ---
**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:** [December 8, 2007, 8:07pm UTC](https://forum.rosen.com/t/new-babys-last-name/5357/2 "2007-12-08T20:07:56Z")
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 > **[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. ---
**Author:** ![alliecat684](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@alliecat684](https://forum.rosen.com/u/alliecat684)\ **Post date:** [November 26, 2007, 9:53am UTC](https://forum.rosen.com/t/new-babys-last-name/5357/3 "2007-11-26T09:53:46Z")
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??