Can I give my unborn child my maiden name in the state of Arkansas?

My husband and I are separated, he's not the father and the father asked me to have an abortion and that we would try again next year. So of course I broke up with him. Just to be sure everyone is aware, my husband and I are getting a divorce, we have been separated for over a year now due to him getting a 18 year old pregnant in my bed with my children in the next room. My ex boyfriend and I were going to get married soon and my soon to be ex husband is giving me full custody of my children because his new girlfriend doesn't like them. Just saying all that so no one can say stupid stuff about the situation.

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  • i + i
    Lv 7
    5 years ago
    Favorite Answer

    No, you can't.

    [EDITED TO ADD:]

    The people saying you can are wrong.

    If you are only separated, not divorced,

    here's what Arkansas says about naming

    your child:

    "When a child is born to married parents,

    there is an automatic legal relationship

    between the child and the husband of

    the mother; and the father's name will

    appear on the birth certificate. ...

    If the mother was married to someone

    other than the biological father at the

    time of birth, an AOP can be completed

    at the hospital by the mother, husband/

    ex-husband, and the biological father;

    the biological father’s name will appear

    on the birth certificate."

    (see link)

    So... if you can get DIVORCED first, then

    you might have a chance, but if you are

    still married when she's born you are

    out of luck. (idiotic law, I know, but

    that's just the way it is).

  • Anonymous
    5 years ago

    Not without going to court you can't . In every state the law assumes the husband is the father of the wife's child until PROVEN otherwise .

  • 5 years ago

    You can, but think about it. Your child will have a different name than your other children, making him feel like an outsider. The divorce is going to be hard enough on the children. Do you seriously want to add more stress to their lives. You want to do this to spite your ex husband, when in reality you are just hurting your child.

  • Liz
    Lv 7
    5 years ago

    You can give the baby any name you want.

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  • luke
    Lv 6
    5 years ago

    it was his bed also..mayb even entirely his bed if he was the sole provider and contributor. Give the bastard any name you want

  • 5 years ago

    Of course you can

  • Ronnie
    Lv 7
    5 years ago

    YES!

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