Baby has last name of ex in Ukraine

Questioner

My Dutch son has a Ukrainian girlfriend and now they have become parents of a baby boy. His girlfriend is still married in Ukraine (but separated), but now that the baby has been born, it has her husband's last name. She wanted to give the baby her last name, but the aid agency for Ukrainians said that the baby had to have her Ukrainian husband's last name. Is this correct or is the baby allowed to have her last name?

Lawyer

It seems that this is regulated under Ukrainian law, because the mother is married to another man in Ukraine. Under Dutch law, if the mother is married to a man other than the biological father at the time of birth, that man is legally considered the father of the child. This can only be different if a judge decides otherwise, or if it was clear before birth that the man could not be the father. I must stress that this is based on Dutch law. Ukrainian law, which may apply, may differ. It is important to consult a legal expert or lawyer with knowledge of Ukrainian law to ensure you understand all perspectives, as well as the potential implications and options. In this complex international case, it may be useful to seek specialized legal advice. This situation may have legal consequences, such as parental authority, inheritance, nationality, traveling with the child, etc. Therefore, I recommend contacting a family lawyer who has experience in international cases and preferably knowledge of Ukrainian law. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.