family law: child's surname

Hi,
I'm currently 31 weeks pregnant and now separated from the father. We are unmarried however we had agreed that he would be on the child's birthcert and that my child would have his surname. Regardless of how badly we are fighting he still wants the child to have his name and I'm still perfectly fine with it, I don't want her to have my name. My question is, does that then mean he is automatically given rights to her? By being on her birthcert and sharing the same last name? Or does he still have to apply for guardianship rights to her? Would it cause any legal complications if we ever had to go to court regarding our child? Thanks

What you should be asking yourself is why would you not put your child's father's name on the birth cert...

No I want to put him on the birth cert, he's the father why create Doubt? It's just I wanted to use his surname as her surname instead of mine. But I've had people 'advise' me not to as there may be legal issues further down the line

I dont know the legality of this. And of course he should be on the birth cert as he is her father. But who is most likely to be raising the child on a day to day basis?

The reason I ask is that if you will be the one with the child on a more full time basis - there will just be a lot more hassle everytime you need to pick up your child from creche or playgroup as they have a different name to you. You will always be explaining that - as will your child in a few years.

Based on precedence it is most likely the courts will grant you guardianship in any dispute unless you are shown to be an unfit mother. Having his name or your name will mean nothing in that debate.

Sol28 said:

The reason I ask is that if you will be the one with the child on a more full time basis - there will just be a lot more hassle everytime you need to pick up your child from creche or playgroup as they have a different name to you. You will always be explaining that - as will your child in a few years.

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Nonsense. Lots of women keep their name and often have a different name from their child. A non - issue.

Good resource for these kind of questions:
http://www.treoir.ie/

Put both surnames on the birth cert. I have seen where people have two surnames on
forms.

TryingHard said:

Nonsense. Lots of women keep their name and often have a different name from their child. A non - issue.

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+1 on that, my wife did not take my surname and the only "issue" we have is if she has booked a hotel or something in her name and I end up getting called Mr "her surname".

in terms of this issue, I don't believe have the fathers name on the birth cert gives him any extra rights but the OP should go and talk to the Register of Births to confirm that

TryingHard said:

Nonsense. Lots of women keep their name and often have a different name from their child. A non - issue.

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It happens in many families - agreed. But when the family is starting out - why create different names if the mother is going to be raising the child on the day to day basis?

I thought they brought in new legislation last year that ruled the father's name must appear on a child birth certificate....

The issue of different surnames is a non issue, I have different surname to my 30yr old daughter, have brought her up and travelled extensively with her since she was 6, never any issues. While things might be a bit different these day security wise I would have thought different names were even more common now than they were back in my day.

Monbretia said:

The issue of different surnames is a non issue... While things might be a bit different these day security wise I would have thought different names were even more common now than they were back in my day.

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I agree that its a non issue - but I suppose I am questioning why a mother who is separating from the father before birth, and before naming her child, wants to give the child the father's surname. He of course can and should be named as the father of the child and have all the rights/responsibilities associated therein - but this feels archaic that the child is given the fathers surname though he may not be the primary guardian. Their choice of course and the law supports that (thankfully).

Putting both names on the Birth Cert is the right thing to do. However it seems strange that you are happy for your child to be given a surname that is his/her Fathers who is not jointly involved in the primary care.
The real issue with what you are doing is that you cannot change it down the road. One of my friends had a child with her ex while she was still a teenager and gave the child the fathers surname. The child only sees his Father about once a month. He resents having his surname. My friend said it was a big mistake (giving her son the fathers' surname), she cannot change it and he can only change it through deed poll when he is 18. She subsequently married someone else and had 3 children, they have a different surname to their (half) brother. If she had given him her surname she could change it to his Step-Fathers (not for everyone but in this situation it would have worked). Or she could have given her three other Children her surname. Basically she would have more options.
Am sure you are not thinking about it now but you don't know how things will pan out down the line - giving your child their Fathers surname if you are not going to be in a relationship with him is restrictive.
Other option is double barrel, but dont't use a hyphen if you do - can't drop one of the names then.

Eldest daughter has double barrel surname, with a hyphen, this was advise of register as we'd, well I, plan putting my mine on it but the dad opened his mouth about using his surname...register said either name could simply be dropped but complicated to add or change

we eventually got married n at nat sch level, just dropped first surname,,, birthcert only thing that has double barrell..

iv seen people get back together after baby born...if you know your never going be a family then id ask yourself why you want your child to have father surname only,,,

Enjoy your pregnancy is most important thing...

The only issue I recall is passports. You'll need the father's signature for these if he is on the birth cert. He is the father of the child so he should go on the birth certificate. And I agree with the posters about putting the father's surname rather than your own.