ok

I think it depends on the state. b-moms maiden name will be "her" name. Baby could have b-moms married name, or the actual fathers name, I am not sure. In my case, we are not sure who's name I was given, we assume it was b-moms married name. Also in my case, the seperated husband had to sign off his rights, dispite not being the father. (again, we believe so) I have 5 kids in california. My maiden name is listed as my name on their b-certs. My married name was baby's name, I was married twice so kids had 2 different names. Step dad adopted kids, (as adults) and they were able to get new birth certificates with his name! Kinda strange. Good Luck, Love, Debi

OK, states vary on this, but an acquaintance of mine was in a similar situation (in VA). The husband of a woman who is pregnant is "assumed" by most states to be the father of the child. Since he's assumed to be the dad, he can either accept that status, or go to court to deny it. After the birth of the child, her estranged husband was given the choice to either begin making child support payments to the mother, or to sign a legal paper denying paternity and giving up his parental rights. He signed the paper, and the biological father was presented with the same choice. In his case, he chose to accept the mother and child into his home (legally the equivilant of making child support payments, if the mother agrees to it), and after the divorce was final he married the mother. According to the woman, if her husband had refused to sign the paper and had instead started making child support payments (she refused to move back with him), that the biological father would not have had any way to assert his rights. Parents can usually put any name they wish to on a birth certificate, even a last name that doesn't belong to either parent. States may require both "legal" parents to agree on the name, though. A little confusing, and several years old, but I hope that helps!