jpop
 
Reply Mon 2 Nov, 2009 10:36 pm
My ex husband is not the biological father of my son. If we do a DNA test on my son, will my son have to lose his last name?
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Type: Question • Score: 2 • Views: 1,731 • Replies: 6
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roger
 
  1  
Reply Mon 2 Nov, 2009 11:33 pm
@jpop,
How did your son get his last name in the first place? If you were married at the time of birth, biology is seldom an issue, so far as I know. The same would normally apply if he signed a paternity affidavit.

You should probably get a professional legal opinion, by the way.
KiwiChic
 
  1  
Reply Tue 3 Nov, 2009 03:05 am
@jpop,
No he wont lose his last name as that is his surname legally...but why should your ex husband be made to pay child support if he is not the biological father????
roger
 
  1  
Reply Tue 3 Nov, 2009 03:19 am
@KiwiChic,
I don't know if these rulings persist in the face of DNA evidence, but that certainly used to be the case in most states in the US. The assumption is (or was) that every child has a father, so they grab the closest.

Sorry to sound cynical, but that has at least been the general rule for a long time.
KiwiChic
 
  1  
Reply Tue 3 Nov, 2009 03:32 am
@roger,
interresting stuff....in NZ we have different rules if a surname is on the birth certificate you are stuck with it unless you change it by deed poll. If you are deemed to not be the biological father and you have seperated and you can prove that you are not the father then Child support can not be obtained unless of course one has legally adopted the child before seperation.
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Ticomaya
 
  1  
Reply Tue 3 Nov, 2009 08:42 am
@roger,
roger wrote:
You should probably get a professional legal opinion, by the way.

Good advice.

Answer re child support likely depends on where you are at. But although the title of the thread alludes to child support, your question related to the child's last name. If in the US, in what state does your child live?
BillRM
 
  0  
Reply Tue 3 Nov, 2009 09:14 am
@Ticomaya,
The state or states in the US just wish normally to have some male helping pay the freight in the raising of a child and care little about being "fair".

If the child is born during a marry or 9 months after it ended the husband or ex-husband is for the most part on the hook and this go double if he did not challenge his fatherhood in the first few months after birth.

See a lawyer as the laws are in some flux over this matter and is not the same from state to state.

As far as the child name that is not the property of the man and no court is going to order you to change it, so he get to keep his name if you wish him to.
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