North Adams, MA asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts

Q: Can a woman put the last name of a man she is not married to on her child's birth certificate if she is still married?

My male relative (D) is having a child with a woman (S) who is separated from her husband (K) but still legally married. Can D legally put his last name on the child's birth certificate even though S and K have not finalized their divorce?

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: The presumption is that the child is born of the marriage, but the parties can agree that the child is not of the parties along with the biological father. The prospect of paying for a child not his own is usually an inducement to cooperation by husband, but what is bio father's willingness...

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