For most parents this is one of the most important steps to occur and generally the parents work together to name the child, basically any name that they choose.  However, if married parents disagree upon the name to use, they may have to actually go to court in an extreme case to resolve this dispute and the child may end up with one parent sir-name or a hyphenated version.

The city or town clerk is the one that is responsible for recording information regarding the child’s name.  If you are married and the husband it NOT the father what ends up happening, there is a presumption under the law that the biological child is from the husband, but however, if the husband’s whereabouts is unknown, both he and the mother may sign Affidavits available in Probate and Family Court, showing that he is not the father and his name would not be recorded.  If the husband’s whereabouts is unknown, then the mother signs an Affidavit stating that his whereabouts are unknown and that he is not the biological father, then the husbands name would not be recorded as well.

The biological father may, if he chooses, file an Affidavit as well stating that he is the father.  All of these Affidavits are submitted to court for approval and if it is approved by the court, the husbands name is not recorded and the biological fathers name is recorded.

If a mother is unmarried or married to someone who is not the biological father, paternity must be established in order to correct the birth records.  Paternity can be established when the biological father acknowledges paternity, admitting that he is the biological father of the child.