If we both are married to different people n have a newborn together.can he give the baby the biological fathers name

Asked on Nov 07th, 2018 on Family Law - Tennessee
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I have a baby on the way .can he take my last name.
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Answered on Nov 09th, 2018 at 11:56 AM
Yes and no. You will not be able to do so at birth. As a married woman, your child is legally a child of the marriage. As part of a divorce you can provide proof (dna) that husband is not the father, and the Divorce court can order that child not to be of the marriage Then you can ask the juvenile court for a parentage order showing bio dad as father. When you have 

I am an Attorney-at-Law, licensed to practice law only in the states of Tennessee and South Carolina. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.

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