In former generations a baby’s surname was not often considered a matter for personal decision. State regulations dictated that if the parents were married, the baby took on the father’s surname. If the parents were not married, the baby’s surname was that of its mother.
In the past few decades such state regulations have been changing. For example in, Florida, Hawaii, and North Carolina, federal courts have ruled those three states can no longer determine the choice of a baby’s surname, leaving that decision to the parent’s.
However, to be absolutely certain, be sure to check your states regulation
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