Can you give a newborn baby any last name?

Asked by: Axel Padberg  |  Last update: February 19, 2026
Score: 4.6/5 (41 votes)

Yes, in most U.S. states, parents have wide latitude to give their child almost any last name at birth, often without it needing to be one of the parents' names, though some states have minor restrictions like character limits or forbid offensive words. While tradition favors the father's name, unmarried parents can agree on the mother's, father's, a hyphenated name, or even a new combined name, with specific rules varying by state, so checking local laws is crucial.

Can I use any last name for my baby?

Yes, parents can generally give their baby almost any last name, but laws vary by location, with most US states allowing common names while allowing officials to reject vulgar, obscene, or unreadable names (like those with numbers/symbols); options often include the mother's name, father's name, a hyphenated combination, or even a completely new one, though some states have specific rules, like Louisiana requiring the husband's name if married.
 

Can you make up a last name for a baby?

It's legal to create a unique surname, as long as it doesn't include a number and isn't just one letter. The downside is that headaches can arise, since your child will have a different last name from both parents.

Can you put a random last name on a birth certificate?

As is, no law exists, so no restrictions exist. Some states require the surname to be that of the father, some to be a combination of either parents' names, and others to have no restriction. Other states allow accents, some even allow numbers (Illinois!)

What last name does a newborn take?

Baby gets the dad's/partner's name

Pros: The default choice in the United States is to give your child the last name of their father. This tradition is practiced by parents in a variety of situations – including heterosexual couples, same-sex couples, couples who adopt, and couples who choose not to marry.

What Last Name Should My Child Use If My Child Has A Hyphenated Last Name?

23 related questions found

Who picks a baby's last name?

It all depends on state, but broadly speaking if both parents agree they can usually give their child any last name they want. It doesn't even have to be either of the parents' names (although some states do restrict this).

What are the rules for last names?

No apostrophes are needed. EVER.

  • For most last names, simply add an "s" Anderson -> The Andersons. Mitchell -> The Mitchells. ...
  • For last names ending in S, CH, SH, X or Z add an "es" Davis -> The Davises. Koch -> The Koches. ...
  • When in doubt, always stick with "The ______ Family." Only use an apostrophe to denote possession.

Can I give my baby my last name instead of the father's?

The couple must decide on the last name for their child. Unmarried couples are not required to assign a specific surname at birth. The child may carry the mother's surname, the father's surname, or a hyphenated surname. The chosen name will appear on the newborn's birth certificate.

Why is the baby name 1069 illegal?

1069 is considered an illegal baby name in some U.S. states because it's a number, and many jurisdictions prohibit numerals, symbols, or names that could cause administrative confusion or ridicule, stemming from court cases in states like North Dakota and Minnesota that denied requests for purely numerical names. Courts ruled that numbers aren't suitable for legal identification and can create issues with forms and databases, although the specific number 1069 gained notoriety from a man's failed attempt to legally change his name to it in the 1970s. 

Whose surname does a child take if the parents are not married?

If parents aren't married, the baby typically gets the mother's last name by default in many places, but the couple can decide to use the father's name, hyphenate both, or even create a new name, often by signing an acknowledgment of paternity (Paternity Affidavit) to add the father's name to the birth certificate. Laws vary by location, but generally, unmarried parents have the freedom to choose, with the mother often making the initial decision if no other agreement is made, especially if paternity isn't legally established. 

Can I legally name my child anything I want?

Derogatory or obscene names are banned in California. Only the 26 characters of the English alphabet are allowed, which rules out umlauts and others. Pictographs such as smiley faces or ideograms such as a “thumbs-up” sign are specifically banned.

What is the 7 7 7 rule in parenting?

The 7-7-7 rule of parenting offers two main interpretations: a daily connection strategy and a developmental approach, both aiming to build strong bonds, with the daily version involving 7 minutes in the morning, 7 after school/work, and 7 before bed for focused attention, while the developmental rule suggests phases of playing (0-7), teaching (7-14), and guiding (14-21), emphasizing intentional presence and age-appropriate involvement to raise confident children.
 

What's the rarest last name?

There's no single "rarest" last name globally, as it depends on location and data, but names like Afify, Allaband, Zzyzx (US), or even extinct ones like Marsvin (Danish) are extremely rare, often held by fewer than a handful of people, with some potentially on the verge of disappearing entirely, making them candidates for the rarest in specific regions or globally, according to census data and genealogy records. 

Can I choose a random last name for my baby?

If parents agree, they can also choose an entirely different surname for their child that is not the same as the parents'.

What last name does a baby take if not married?

If parents aren't married, the baby typically gets the mother's last name by default in many places, but the couple can decide to use the father's name, hyphenate both, or even create a new name, often by signing an acknowledgment of paternity (Paternity Affidavit) to add the father's name to the birth certificate. Laws vary by location, but generally, unmarried parents have the freedom to choose, with the mother often making the initial decision if no other agreement is made, especially if paternity isn't legally established. 

How long do you have to change a baby's last name after birth?

To change the name on your child's birth certificate, contact your state's Office of Vital Records (typically part of the Department of Health). Many states allow new parents six to 12 months to make changes on a child's birth certificate without requiring a court order.

Why is Nutella an illegal name?

He said in his ruling that the name Nutella was the trade name of a spread that is commonplace in Gallic homes. "And it is contrary to the child's interest to have a name that can only lead to teasing or disparaging thoughts," he pronounced.

What's the rarest girl name ever?

Rare Baby Girl Names

  • Perach.
  • Phanie.
  • Salomi.
  • Megara.
  • Caliste.
  • Lune.
  • Zixuan.
  • Darana.

What is considered an offensive baby name?

In the U.S., parents can get wildly creative with baby names, but 11 have been officially ruled off-limits by courts. These banned names include King, Queen, Jesus Christ, III, Santa Claus, Majesty, Adolf Hitler, Nutella, Messiah, @, and 1069.

Who decides what last name a baby gets?

The parents typically decide a baby's last name, usually agreeing on the mother's, father's, or a hyphenated combination, though state laws vary, often defaulting to the father's name or requiring agreement, with courts stepping in for disputes based on the child's best interest if parents can't agree. For unmarried parents, the mother's name might be the default unless the father is listed, and state rules often dictate if both parents must consent for the birth certificate.
 

Can a child use the father's last name if not married?

Yes, a baby can absolutely have the father's last name even if the parents aren't married; unmarried parents generally have the right to choose the child's surname, which can be the mother's, the father's, a hyphenation, or even a new name, though rules vary by state, and often require the father to sign an acknowledgment of paternity to be listed on the birth certificate. 

Can you fly with a child with a different last name?

It's not uncommon for parents with different last names than their children to have to produce either a Child Travel Consent form or some other proof of guardianship. A birth or adoption certificate is usually sufficient in this instance so long as you're listed on the forms as a parent or guardian.

Can you use any last name for your child?

Last word on the last name

Some states are more restrictive than others—for example, Tennessee and Louisiana require the baby to carry the father's last name in every circumstance. Other states (Kentucky, Delaware, Maryland, Montana, Washington, and South Carolina) have no restrictions on the choice of the last name.

Is Chris's or Chris correct?

Both Chris's and Chris' are generally considered correct for showing possession, with Chris's (adding 's) being more common and recommended by style guides like Chicago, while Chris' (just an apostrophe) follows AP style for singular nouns ending in 's', though many prefer adding 's' for clarity and pronunciation, making Chris's the most widely accepted and safest bet for "belonging to Chris". 

Which last name goes first when you have two?

Generally, there are no set rules or etiquette when it comes to deciding exactly how your hyphenated last name will read. You can go the "traditional" route and list your maiden name first, or you could choose to list your new last name first, followed by your original last name.