If you are legally married when the child is born, your Husband will be assumed to be the father and his name will be put on the birth certificate. You can give the child your last name, but not the last name of your boyfriend, unless your Husband consents. You will also have trouble buying property in your own name. I would suggest you consult with an attorney and find out what you need to do before you can file for divorce.

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.

I am worried. My ex and I have been Separated (no legal separation papers have been drawn up) for 2 years. I have become pregnant w/ my boyfriend. I was told that I would have to give the baby my ex’s last name since I am not divorced. Is that true??? Also, I am in the process of buying a house. Would my husband have rights to that house during as part of the divorce settlement even though we have been separated.

Thanks in advance for answering my questions.