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== == If your baby is unborn you may name the child any name you'd like, including the last name. You can give the child it's father's last name and not your husband's. However, in most states if you are legally married you must put your husband's name down as the father. You can get it changed by getting a paternity test done. I would recommend getting legally divorced to simplify matters.

~Michelle

== == If your ex has not helped support your child and is not in your life then yes you can have your husband (but not a boyfriend) give your child his last name, but it must be done through a lawyer. Your husband would have to actually adopt your child. If your ex has supported his child through the years, then you must seek permission from him and hopefully he will peacefully allow you and your new husband the right to go to a lawyer and change the name. Even if the biological father disagrees there are some loop holes the lawyer can find to do as you wish. Good luck Marcy

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Q: If you are legally married and have been separated for five years and have a baby with someone else can you give that baby the father's name that you are currently in a relationship with?
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