Name on birth certificates?

Tara - posted on 06/11/2012 ( 5 moms have responded )

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My son's biological father and I are not together, we haven't been since a few weeks after I found out I was pregnant. I am with someone new now, we live together and he just loves my son. We plan on getting married in a few years and someday he wants to be able to adopt my son. The biological father and I got along while I was pregnant until someone new came in the picture. My ex told me while I was three and a half month pregnant that he didn't have any reason for a job. Which, for an emotional pregnant girl working 40+ hours a week, on her feet, until the day before I had my baby, was very hurtful to hear. He hasn't had a steady job his whole life. He's 20. He would get random jobs, like Pizza Hut, Taco Bell, and Sonic. But he would work for a couple months and then just quit, no notice or anything. He relies on his mother for money and a car. He was in school, but missed a lot of classes. Every doctor appointment my son has had, I have told him about. And given him the option of going. He never has. He always uses the excuse that he has class, which I could understand. I don't feel the need to change when the appointments are since my ex can miss class to play disc golf at the park but not for his son's appointment. He recently quit another job, and I was told by one of our mutual friends he spends all his time playing disc golf and smoking pot. Which I know is true, he smoked while I was pregnant. When I had our son I gave him my ex's last name. Now I really regret it! Since i've been with my new guy, he has helped me stand up for myself and shown me I need to do what is right for my son and myself. I have my son's social security card but haven't ordered his birth certificate yet. My question is weither I can put my last name when I order his birth certificate even though my ex's name is on the social security card? I don't receive any support or anything from my ex, and I don't want to. I grew up and he didn't, I just want to know what I can do? Sorry this was so long, I would appreciate any feedback! Thanks!

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Margarita - posted on 06/25/2012

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I did have another thought. We don't like to think about this, but accidents and illnesses happen and God forbid something happens to you, your ex could end up being your son's only parent and thus, have full custody. This would actually be a good thing to mention to him. If he gives up his parental rights, you can name someone else as a guardian, be it your parents or your beau, should anything happen to you. The fear of having to support, not to mention feed and care for a baby may be all the incentive he needs.

Good luck.

Margarita - posted on 06/25/2012

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Yup, you have to change his name legally both on his birth certificate and with Social Security. If this is the information you gave the hospital, they sent the info to the proper authorities (that's how you got the SS card in the first place) and there is already a certificate on file listing his bio dad. My suggestion is to talk to the registrars office to see what you need to do to have your ex terminate his parental rights and then suggest he sign them away. If he refuses, you can suggest (or have a friend point out) that as long as he's the legal dad, you can always sue him for child support. This is somewhat of an empty threat, since he has no money to sue him for, but if he's stoned enough he might decide that it's easier to sign the papers than to deal with the headache of courts. If that doesn't work, you can sue for full custody, which you should be able to get, but more expensive and with more of a headache. Or, you can do nothing. Chances that your ex will try to take custody are pretty slim, but there is always the chance that he will grow up (I know, slim, but ya never know) and actually spend some time with his son. There is also the chance that your son will want to know his father and have his last name. If your current boyfriend remains in your and your son's life and is a father figure to your son, that will not change regardless of whose last name he carries. I would nicely ask your ex if he wants to terminate his rights and hopefully he'll say yes and that will be the end of that. Otherwise, unless there are logistical reasons (health insurance for example) that make it necessary to carry a different last name, I'd leave it alone for a while and see what happens. That's what I'd do, but that doesn't mean it's what's best for you.

Good luck, with whatever happens.

Kelley - posted on 06/15/2012

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You need to go through the court and have your son's last name changed since you have already filled out the birth certificate and ss card info. I assume your ex had to sign papers at the hospital giving his consent to put his last name on the birth certificate. Unfortunately you cannot just take it off...Trust me, if this were true, my son would have had my last name shortly after birth.

Stifler's - posted on 06/11/2012

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Yeah if you've registered the birth that is your son's legal last name. I think if your future husband wants to adopt your kid the father has to sign over his parental rights.

Dove - posted on 06/11/2012

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I am 99.9% sure that you need to go to court to have his name legally changed. Just because you do not have a copy of his birth certificate in your possession does not mean it isn't already in existence. If you have a social security card... that is his legal name unless you can change it through court.