Blairsville, GA asked in Family Law for Georgia

Q: With a pending divorce, who has the right to choose a baby's last name?

I'm 3 months pregnant with my first child. The father and I are married but he walked out when I was 2 months pregnant and filed divorce papers a few days later ("irreconcilable differences"). My lawyer wanted to push the divorce through now and address custody later, but his lawyer said we'd have to wait until the birth before they'd proceed with the divorce.

I never legally changed my last name to his last name (married 6 months); I do not want my baby to have his last name after he abandoned his unborn child for purely selfish and immature reasons. Because I will still be married at the time of the birth, will I be forced to give the baby his last name or can I specify my own last name since I never changed it? The father will not be present at the delivery.

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1 Lawyer Answer
Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: This information should help you with determining the answer to your question:

https://casetext.com/regulation/georgia-administrative-code/department-511-rules-of-georgia-department-of-public-health/chapter-511-1-administration/subject-511-1-3-vital-records/rule-511-1-3-08-child-names-on-birth-certificates

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