You can name your kid whatever you want. The other man will want to sign a voluntary acknowledgement of paternity though because your husband is the assumed father.

Yeah I have to follow you

@dianacuaya yeah hun i would just do that so you don't have to go thru all that hassle and i didn't get a message it's probably my phone tho

@mommy3kings, I was just planning to put my last name

@mommy3kings, sent you a message

My cousins wife and him were married and she got pregnant by another man when they split up she had the baby and used my cousins last name since they were married my cousin took her to court and ended up suing her because the state tried billing him for Medicaid and other things for her baby and it wasn't his baby idk if it's different in other states or not but you can look into it my cousin never signed the birth certificate but she still used her marriage last name and it was a huge problem for my him and the guy she had the baby with

I'm pretty sure you can put whatever name on the birth certificate as you want

I dnt believe so. If you're still married legally your husbands name must go on the birth certificate in order for you to receive it. Once you guys are divorced you have to go through the process of establishing new paternity with the biological father and request a new birth certificate.