Legal Question in Securities Law in Pennsylvania

last name of ex-wife's baby

my husband was married, had a child, and is divorced. he has custody of their child. his ex-wife kept my husband's last name. she is now pregnant by her live-in boyfriend and is not going to marry him. my husband has expressed concern to me regarding:

#1. he does not want her to have his last name. is there any legal way to get her to change her last name?

#2. is there any legal way to make sure she does not name her new baby with my husbands last name? he doesn't want a baby that's not his having his last name. he is also afraid she will try to get child support from him with a child that's not even his.

thank you for your advise and help.


Asked on 12/10/01, 6:47 pm

1 Answer from Attorneys

Nicholas Guiliano Arbitration, Securities & Investment Fraud Lawyer

Re: last name of ex-wife's baby

That's a really good question. Unfortunately, however, I am a securities lawyer and have not a clue as to the answer. You need to speak with a family lawyer. I do remember when my son was born and they let my wife fill out his birth records. As I remember it, she could have put down just about any last or first name she wanted on the form, and of course, it was up to her to say who was the father. The ex-wife can fill out the form using your hubby's name (which is her name by marriage) and when City Hall issues the birth certificate and social security under that name: Wa-la! Poof! Kid now has hubby's name. So if you are really concerned, check with the local issuing authority. (City, town, ask hospital who issues Birth Certificates), and then check with a clerk in that office as to who supplies this information and what do they accept for names. Tell them you and your husband are having a disagreement over naming your perspective child "moon unit." You think you have won the argument, because despite what he says, you are writing this on the birth certificate application materials. Who is right?

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Answered on 12/11/01, 6:25 am


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