My husband had a baby with someone else and the lady gave the child my
husband last name is that legal with him being married to me at the
time?

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Request for Question Clarification by nenna-ga on 08 Jul 2004 09:44 PDT

Hello,

Could you tell us what state this is in so we can give you the
accurate information regarding the laws of your state.

Nenna-GA
Google Answers Researcher

I agree with you, For the baby to have the father's last name your
husband needs to be married to his mother at the time of baby's birth.

It has nothing to do with marriage. The only way that the baby would
legally have your husband's surname is if he signed the live birth
certificate when the baby was born. As well, in signing this
certificate, your husband is now legally responsible, eg child
support, etc, for this baby.

It probably depends on where you are, but I think in most places the
mother can choose any name she wants, her own, the person she thinks
is the father, even to the extent of making up a last name, as long as
it isn't done to defraud anyone.  See this website from Vermont for
instance: http://www.healthyvermonters.info/hs/vital/birth.shtml. 
Unless the father admits paternity and probably even proves it, he
would have no say in the name, and even then, may not.  Note the
naming the child does not establish paternity or the rights or
responsibilities associated with paternity.