Can A Child Take My Surname If Born Out Of Wedlock?

divorce lawyer jason lasserQuestion:

I would like my child born out of wedlock to have my last name. My girlfriend gave birth to my oldest child while she was still married so the child has her ex-husband’s surname.

Now that she is divorced and pregnant with our second child, how can I ensure the child has my last name even if we are not married?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.

If your child was not conceived when your girlfriend was still married and she is not married to you, then you would have to obtain a paternity acknowledgment form that states you both consent to using your surname for the child.

You should be able to obtain this form from the state registrar or human services department

If your girlfriend was still married to her ex-husband when your child was conceived, it may not be that simple. Depending on your state’s laws, the state may prohibit the mother from listing any surname for the child other than that of her husband at the time of conception or birth.

It appears that this may have been the case when your first child was born.  If that is the case, you may want to file a motion to the court requesting the change of your child’s surname.

Read Related Article:

Divorce and Name Changes

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pittsburgh Divorce Lawyer Jason Lasser, contact Cordell & Cordell.

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