[Job] Public Service Announcement
From your friendly neighborhood birth certificate clerk:
If you are pregnant, especially if for the first time or if your situation has changed since you last had a child, please make yourself aware of the birth certificate laws where you live.
I can only speak for the united States, because that is where I live.
Many states have vital records/statistic laws in place that are insane, or seem that way. Either way, these laws may prevent you from naming your child the way you want, or they may not. It depends on what state you live in.
For example, in the state of Alabama, a mother can give her child any last name she likes, even if it has nothing to do with her family or the baby's father's family. In Louisiana, where I live, if the mother and father are married then the baby goes in the husband's name by default unless both mother and father agree otherwise (and at my hospital, the husband's agreement must come in the form of a notarized letter to that effect). If the mother is single, the child must have her last name unless she and the biological father agree otherwise, and he signs the paperwork to be added as the father. If a mother is single in the state of Louisiana, she may not list a father on the birth certificate unless he is present at the hospital to sign an affidavit of paternity (2-party).
Then it gets really bad.
If the mother is married, her husband is considered the father of the child, legally. Even if he isn't. Period. End of story. If he isn't the biological father and the mother wants to list the biological father, both men must be present to sign an affidavit of paternity (3-party). If the mother has no plans to list the biological father, or if either man is unwilling to sign the affidavit, her husband must be listed. There are no exceptions to this, and trust me, Vital Records does not care what a mother's personal situation may be.
(And no, a married man who goes off and has a baby with another woman is not affected at all by his marriage.)
Even if the mother is divorced, she must have been divorced at least 301 days by the time the baby is born, else her divorce is ignored and her ex-husband is still considered the legal father of the child. Even if the mother has been divorced for twenty years, she must have her final judgement of divorce with her in order to proove it, or we act as though she is still married (because believe it are not, there are not only women who lie to us, but there are women who honestly believe they are divorced when they aren't... because their husbands told them he would take care of everything, and then didn't follow through).
At our hospital, we don't do paternity affidavits of any kind unless all parties involved can show an ID, including the mother. It isn't about proving she's the mother of the baby; we know that baby came from her. It's about proving she really is who she says she is, that she really is Mary Smith giving her permission for John Doe to be listed as the father of her child. And, of course, John Doe has to show ID to prove he really is John Doe giving his permission to be listed, else that could be Joe Black, signing as John Doe, and John Doe has no idea he's now legally responsible for a child that's not his.
For couples from other countries who come to the United States--no matter what country you come from--be aware that not all states will make allowances for your naming practices. Louisiana Vital Records specifically states that "Louisiana Vital Records does not make allowances for the naming practicies of other cultures." This means that if the couple's country usually has male and female versions of the same last name, they are married and the baby is a girl, the baby will have the husband's last name... even if, in their country, that is a male name. The same is true if in the couple's country there are male last names and female last names. Some states are more accomodating.
So. If you are pregnant, please call a local birth certificate clerk to make certain of the laws in your state or country. And please do it before you deliver your baby so you can be prepared!
This PSA brought to you by me being annoyed by people who don't bother to find this stuff out before hand or ignore the information when it's shoved in their faces.
If you are pregnant, especially if for the first time or if your situation has changed since you last had a child, please make yourself aware of the birth certificate laws where you live.
I can only speak for the united States, because that is where I live.
Many states have vital records/statistic laws in place that are insane, or seem that way. Either way, these laws may prevent you from naming your child the way you want, or they may not. It depends on what state you live in.
For example, in the state of Alabama, a mother can give her child any last name she likes, even if it has nothing to do with her family or the baby's father's family. In Louisiana, where I live, if the mother and father are married then the baby goes in the husband's name by default unless both mother and father agree otherwise (and at my hospital, the husband's agreement must come in the form of a notarized letter to that effect). If the mother is single, the child must have her last name unless she and the biological father agree otherwise, and he signs the paperwork to be added as the father. If a mother is single in the state of Louisiana, she may not list a father on the birth certificate unless he is present at the hospital to sign an affidavit of paternity (2-party).
Then it gets really bad.
If the mother is married, her husband is considered the father of the child, legally. Even if he isn't. Period. End of story. If he isn't the biological father and the mother wants to list the biological father, both men must be present to sign an affidavit of paternity (3-party). If the mother has no plans to list the biological father, or if either man is unwilling to sign the affidavit, her husband must be listed. There are no exceptions to this, and trust me, Vital Records does not care what a mother's personal situation may be.
(And no, a married man who goes off and has a baby with another woman is not affected at all by his marriage.)
Even if the mother is divorced, she must have been divorced at least 301 days by the time the baby is born, else her divorce is ignored and her ex-husband is still considered the legal father of the child. Even if the mother has been divorced for twenty years, she must have her final judgement of divorce with her in order to proove it, or we act as though she is still married (because believe it are not, there are not only women who lie to us, but there are women who honestly believe they are divorced when they aren't... because their husbands told them he would take care of everything, and then didn't follow through).
At our hospital, we don't do paternity affidavits of any kind unless all parties involved can show an ID, including the mother. It isn't about proving she's the mother of the baby; we know that baby came from her. It's about proving she really is who she says she is, that she really is Mary Smith giving her permission for John Doe to be listed as the father of her child. And, of course, John Doe has to show ID to prove he really is John Doe giving his permission to be listed, else that could be Joe Black, signing as John Doe, and John Doe has no idea he's now legally responsible for a child that's not his.
For couples from other countries who come to the United States--no matter what country you come from--be aware that not all states will make allowances for your naming practices. Louisiana Vital Records specifically states that "Louisiana Vital Records does not make allowances for the naming practicies of other cultures." This means that if the couple's country usually has male and female versions of the same last name, they are married and the baby is a girl, the baby will have the husband's last name... even if, in their country, that is a male name. The same is true if in the couple's country there are male last names and female last names. Some states are more accomodating.
So. If you are pregnant, please call a local birth certificate clerk to make certain of the laws in your state or country. And please do it before you deliver your baby so you can be prepared!
This PSA brought to you by me being annoyed by people who don't bother to find this stuff out before hand or ignore the information when it's shoved in their faces.