Legal Question in Family Law in Florida

fiance dies 2 weeks before pregancy is detected

my fiance was killed in an accident prior to me finding out i was pregnant. Can i still have his last name legally put on the birth certificate for my unborn child to take as his/her last name and does my unborn child qualify for his social security since i am now going to raise this child on my own? What other legal assistence can i qualify for?


Asked on 1/08/08, 6:29 pm

3 Answers from Attorneys

Re: fiance dies 2 weeks before pregancy is detected

Establishing paternity and that he is the father is the threshhold determination. When appropriate DNA may be the proof. I think the Medical Examiner's office maintains a sample for two years and the baby's should take care of it.

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Answered on 1/09/08, 2:54 pm
David Slater David P. Slater, Esq.

Re: fiance dies 2 weeks before pregancy is detected

You must prove his paternity as the father. How did the accident occur? Your unborn child may have certain rights as to his estate.

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Answered on 1/08/08, 9:11 pm
Michael Stewart Michael D. Stewart

Re: fiance dies 2 weeks before pregancy is detected

The child might have rights as to the fiancees estate, including potential wrongful death, or personal injury claims.

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Answered on 1/08/08, 9:42 pm


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