{"id":15021,"date":"2020-04-02T10:35:18","date_gmt":"2020-04-02T14:35:18","guid":{"rendered":"https:\/\/wp.oviahealth.com\/guide\/15021\/making-baby-legal-person\/"},"modified":"2025-02-06T14:03:04","modified_gmt":"2025-02-06T19:03:04","slug":"making-baby-legal-person","status":"publish","type":"article","link":"https:\/\/www.oviahealth.com\/guide\/15021\/making-baby-legal-person\/","title":{"rendered":"Making your child a legal person"},"content":{"rendered":"\n

That\u00a0Baby<\/span>\u00a0is going to be a\u00a0human<\/em>\u00a0isn\u2019t up for debate.\u00a0They may\u00a0be as cute as a kitten, but that\u2019s probably where the resemblance will stop. But whether\u00a0they is\u00a0going to be a\u00a0person<\/em>, when you\u2019re using the word to define a legal entity, well, that\u2019s a little bit more up to you.<\/p>\n\n\n\n

In the U.S., a child\u2019s legal personhood is first established by their birth certificate. If their parents aren\u2019t married, a statement of paternity is generally thrown into the mix, depending on state laws and regulations.<\/p>\n\n\n\n

After that, most families choose to apply for a Social Security number, which will then be used on identifying paperwork for school, jobs, home rentals or purchase, applying for a driver\u2019s license, and a lot of other things\u00a0Baby<\/span>\u00a0is still just a little bit too young for, but will probably be interested in eventually.<\/p>\n\n\n\n

In the hospital<\/strong><\/h4>\n\n\n\n

Babies born in hospitals have it easy – the hospital certifies\u00a0Baby<\/span>\u2019s live birth, and\u00a0their\u00a0parents just have to fill out a little paperwork to get the ball rolling. Most parents pick their children\u2019s names while they\u2019re still in the hospital and filling out that first rush of paperwork, but you do have the option to wait and name your child later, which some families prefer to having to rush to choose a name.<\/p>\n\n\n\n

However, changing the name on a birth certificate can be a lengthy and involved process, and could help to create confusion in your child\u2019s paperwork for years in the future, so most parents choose to have the name settled before they\u2019re discharged from the hospital. Naming early also cuts down on errors in hospitals, since it gives each baby a distinct identity instead of a shared default-name.<\/p>\n\n\n\n

It\u2019s at this time that, depending on the guidelines in your state, unmarried parents will be asked to declare paternity. In some states, the father can\u2019t be confirmed in documentation unless he\u2019s physically present, while in others, the mother might be pushed to name a father even if she\u2019s reluctant, for legal reasons.<\/p>\n\n\n\n

Establishing paternity is important even for completely amicable, cohabitating, unmarried parents, because it provides a legal framework in case of emergency, discussions of custody, or inheritance in the case of a parent\u2019s death.<\/p>\n\n\n\n

Another part of this process is applying for a Social Security card. The hospital itself can\u2019t process this paperwork, and while many hospitals send the paperwork in for you, not all of them do, so it\u2019s worth checking. The hospital won\u2019t register your baby for a Social Security number without your consent, so there should be a box on this form that you check to give your approval. When the paperwork for\u00a0Baby<\/span>\u2019s SSN is submitted,\u00a0their\u00a0Social Security card should arrive in the mail in a couple of months. If you need the number sooner to claim\u00a0Baby<\/span>\u00a0on your taxes, the hospital should have information on what you\u2019ll need to bring with you to the Social Security office.<\/p>\n\n\n\n

For home births<\/strong><\/h4>\n\n\n\n

Depending on where you live, you may actually have a bit of leeway for when to register\u00a0Baby<\/span>\u2019s birth, if you delivered at home. In Illinois, as long as you register\u00a0their\u00a0birth within\u00a0their\u00a0first year, you don\u2019t even need to file a Delayed Registration Of Birth form. However, Texas requires that babies born at home be registered with the state within 5 days of birth. Registration of birth documents come from the county clerk\u2019s office, and should be signed by the mother, any midwife or other person who was there at the time of the birth, as well as the doctor, if any, who checked out mother and baby after delivery.<\/p>\n\n\n\n

At this time, unmarried parents are encouraged to establish paternity, and once a record of birth has been established, parents can apply for a Social Security card for their children. It\u2019s helpful to have both parents\u2019 SSNs on hand for this process as well, and any other proof of your child\u2019s citizenship, age, and identity.<\/p>\n\n\n\n

Do I have to?<\/strong><\/h4>\n\n\n\n

Registering a baby\u2019s birth is required in the U.S., though the time-frame for when it\u2019s required by varies from state to state. On the other hand, you are not required to get your child a Social Security number. However, an SSN is needed to claim many benefits and services, especially health insurance, and is used to claim your child as an exemption on your taxes.<\/p>\n\n\n\n

Outside of the U.S.<\/strong><\/h4>\n\n\n\n

Countries outside of the U.S. each have their own deadline for how soon after delivery a baby’s birth needs to be registered, and different countries use systems besides the Social Security system for alternate identification. Some countries have a very specific time by which babies need to have names, while others leave naming discretion until parents get sick of trying out nicknames. If you live outside the U.S, you should look up the rules and regulations in your country.<\/p>\n\n\n\n

Reviewed by the Ovia Health Clinical Team<\/strong><\/em><\/p>\n\n\n\n

\n\n\n\n

Read more<\/h3>\n\n\n\n