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coldfish View Drop Down
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    Posted: 31 March 2009 at 1:32pm
Hi, I'm due in a week and I have questions on filling out the birth registration form.
Both mother and father must sign the registration form these days, and I know the father of my baby.

What I'm wondering about is who gets to choose the baby's name, and what if there is dispute? Has anyone been in a similar situation?

My story is we were living together at the time of conception and 6 months prior to it, but broke up 6 months ago.
He wants to be an active father, which I have no problem with, because it will benefit the child knowing her father etc.

Because I will be physically raising the child mostly on my own (because even if he is an involved father he works out of country for extended periods), I would like the baby to have my surname. In my mind it makes sense for a baby to have the same surname as the mother because of schooling and other situations where family relationship is clearer if the same name is used.

I guess my long winded question is do I have any right to give the baby my surname, or does it have to be unanimous agreement with the father? What if he is dead against it and wants a double-banger name of my surname and his surname hyphenated?

From people I've spoken to, most with hyphenated long surnames don't like them and would prefer a single name. I figure that if our daugther turns into a real daddy's girl and when she's older wants to relate to him more, have his identity, there would be no reason why we couldn't do a legal name change. It is easier to add a name rather than drop a name later on.
Another reason why I'm not keen on a hypenated name is because his surname isn't that nice and not many know how to spell it easily.

Also I have a first name that I'm so keen on and would just absolutely love to call her that. I've mentioned the name to the father and he's not got anything against the name, but he's not that keen on it.
I haven't raised the issue of surname to him yet as I want to be relaxed before the birth and don't want unnecessary drama if it can be avoided etc.

I was just curious about my legal rights, if anyone has been through anything similar, or if anyone knows where I could go for advice? Would I need a lawyer or would Citizens Advice Bureau be the place to start?

Thanks for reading, any advice or suggestions would be welcome
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FreeSpirit View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote FreeSpirit Quote  Post ReplyReply Direct Link To This Post Posted: 31 March 2009 at 1:53pm
As far as I know, you have every right to name the child whatever you wish.

And CaB is a good place to start, or Community law would be another good place to ask questions.

And I'm with the father of my baby, but she has my surname. I included her father's surname as a middle name to avoid hypenation (I hate double barreled names too), but that decision was made after the birth, after I had chosen names. And he was thrilled with that choice.
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Rachael21 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Rachael21 Quote  Post ReplyReply Direct Link To This Post Posted: 31 March 2009 at 2:26pm
Completely up to you hun, I can't remember what the deal is with signing the birth certificate but I assume if he doesn't sign he won't be on it. That doesn't mean he won't be liable for child support so theres no advantage to him not signing (for him).

Don't worry too much about it right now just focus on being as stress free as possible before you go into labour. Bring it up after the birth you never know he might agree with everything once hes sees your wee girl.

Good luck with the upcoming birth
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freckle View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote freckle Quote  Post ReplyReply Direct Link To This Post Posted: 01 April 2009 at 10:03am
I gave my oldest a hypenated surname with my ex. We even had disagreements on who's name went first and last My daughter is older now (12) and has told me she really doesn't like having a hyphenated name and wants to drop her fathers name. It makes sense for her to have mine as I'm the one she lives with and I fill in all her forms for schools, dr etc so it's nice to share a name IYGWIM...
With my ex I filled in the birth cert forms the way I wanted and said sign them or don't up to you... he signed as he wanted to recognised as her father...

All the best for bubs arrival!!!
mum to 3 lovely girls :D
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maysie View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote maysie Quote  Post ReplyReply Direct Link To This Post Posted: 01 April 2009 at 11:16am
My parents divorced just after I was born and I always used my mothers maiden name for everything (except passport and my first drivers license) even though it wasn't my legal name. Once I was 18 I changed it by deed poll. And now I'm married so I changed it again (after much consideration!!). My sister made her name hyphenated legally but mainly uses the one I did. So with Lily, we gave her my maiden name as a second middle name (but I don't htink the MIL was impressed haha).
You could legally have the name hyphenated but use just your name? That way your child has the choice to use both or one and doesn't have to worry about legal changes later on and it keeps the peace on the surname front. Will he be at the birth? After witnessing what I went through my DH was quite happy for me to have whatever I liked!!!
All the best with the next few weeks!!!

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coldfish View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote coldfish Quote  Post ReplyReply Direct Link To This Post Posted: 01 April 2009 at 11:52am
Hi again, thanks for all your replies.
No the father isn't going to be at the birth. I'm quite a private person and would feel really uncomfortable if he was there as there is no connection or closeness between us. Instead my mother is going to be my support person and she's getting so excited about it!

If a surname is hyphenated can you use just one part of it for forms and enrolments etc? For any legal docs or school enrolments wouldn't you have to use the hyphenated surname?
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mummyofprinces View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mummyofprinces Quote  Post ReplyReply Direct Link To This Post Posted: 01 April 2009 at 12:00pm
I am not sure about in NZ, but my friends daughter has her fathers name on her birth certificate. She is enrolled at school with my friends surname. That said, the father has been denied visitation so not sure if that had anything to do with it.

I was the opposite, I was enrolled in at school with my step fathers surname and chose at 12 to change it by deed pole.


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freckle View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote freckle Quote  Post ReplyReply Direct Link To This Post Posted: 01 April 2009 at 1:40pm
With my daughter she has to use both the names for legal documents, but when enrolling her for other things I always just use my last name.
mum to 3 lovely girls :D
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caitlynsmygirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote caitlynsmygirl Quote  Post ReplyReply Direct Link To This Post Posted: 01 April 2009 at 4:49pm
I was single when I had my daughter, she has a hyphenated surname on the birth certificate, but for school etc I just put her down with my surname (which is the one on the end ) .
In many ways her dads surname is more like an extra middle name , and I only use it when Im telling her off and using her whole name

and you have the right as far as naming baby goes


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Karla233409 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Karla233409 Quote  Post ReplyReply Direct Link To This Post Posted: 28 August 2018 at 4:46pm
Does anyone know if this is still law? I spoke with a lawyer today and she said that if I use my last name the father can take me to court over it? But then my friend who has a 2 year old said only the mother fills out and signs the birth certificate. So very confused and can't seem to actually find anything online about it

Edited by Karla233409 - 28 August 2018 at 4:47pm
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