Legal Question in Family Law in Indiana

I got pregnant while married, but the father was NOT the husband. We were separated at the time, but not legally. I tried to get the divorce before the birth of the baby, but they denied it. The hospital forced me to put the baby's last name as my last name, which was still my married name. How can I change the baby's last name to my current (maiden) name? (The father of the baby is not around, I do not know where he is or contact information). We had a DNA test done on my husband, he is not the father, and we got the divorce finalized shortly after he was born.


Asked on 9/27/17, 1:41 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Petition the court for the name change. If the divorce decree did not say that your ex-H was NOT the father explicitly, than he is still the presumptive father under Indiana law and must receive notice.

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Answered on 10/10/17, 2:49 pm


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