Giving baby fathers surname

[Queenofthedrivensnow]

Help me help a panicky friend. Friend estranged from unborn father. Not married. When baby is born can the dad insist baby has his name? I don't think he can.

No , she chooses the name.

I'd expect the baby to have the mother's surname in the situation you describe. The father cannot insist.

Obviously I think she chooses the name but is there any legal framework for the dad insisting?

None

No. Dads can only register without the Mum present if they’re married.

Nope, he has no rights at all. The name is completely up to her.

No none at all. Is she in england? If he doesnt go to the birth cert appointment his name wont be on the birth cert either. She cant do it without him if they aren't married.

She shpuld absolutely give the baby her surname.

Nope. If he isn't there to register then she couldn't if she wanted to unless they were married which they clearly aren't.

Thank you I will tell her x

When the baby is registered whichever parent (or both) registers him will record the name.
If he doesn’t attend/isn’t named on the birth certificate then he doesn’t have parental responsibility. This is a big thing as determines whether he can make legal choices for baby in later years (such as agreeing to medical treatment, choosing a school etc)
If he isn’t named/doesn’t have PR he can apply through the court system to request it - this would be expensive for him or can sign a parental responsibility agreement with the mother.

There is no legal framework that denotes a child needing to have the fathers surname.

Of course not.
She registers the baby on her own and gives it whatever name she chooses.

"" Nope. If he isn't there to register then she couldn't if she wanted to unless they were married which they clearly aren't."

A Mother can give any name and surname that she chooses.

Your child doesn't have to take either Parents Surname.

You should show her this page: www.gov.uk/register-birth/who-can-register-a-birth

As others have said, if they’re not married, he will only be named on the birth certificate if he attends the registration with her. There’s nothing in law that says she has to give the baby his surname; she should give the baby her name. This should not affect any claim for CSA she makes in the future.