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Question: My fiance and I are not married and won't be when the baby comes. I am the mother. Can I put my fiance's last name as the baby's last name instead of mine?

Answer: Yes, you can list the baby's father's name on the birth certificate, and  put his last name as the baby's last name. (A.R.S. § 36-333 and A.R.S. § 36-334) .

If you do put the baby's father's name on the birth certificate and the father acknowledges paternity (A.R.S. § 25-814), he would have rights to parenting time with the baby (A.R.S. § 25-402) and you would be able to get child support.

Noncustodial parents (the parent who does not have custody of the child) do have rights and you can read more about it in A.R.S. § 25-408. Also, remember that the father can petition or ask the court to establish paternity or prove he is the father. (A.R.S. § 25-803(A)2).

Also see the Answer to Question #678 for more information.


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