What steps must unmarried parents take to ensure that they are both considered the legal parents of their child?

To make sure that a child's biological parents are also the legal parents, both mother and father should be listed on the child's birth certificate. If you want to add a parent's name to a birth certificate, contact your state's Bureau of Vital Statistics. You can find this contact information by visiting the website of the National Center for Health Statistics.

In order to be listed on a child's birth certificate, most states require unmarried fathers to sign an affidavit or acknowledgment of paternity. In any case, it's a good idea for both parents to write, sign and notarize a statement acknowledging the father's paternity. You can take this one step further by contacting your state's Vital Statistics office and asking whether they keep paternity statements on file. If they do, make sure yours is filed.

Does a child born to unmarried parents qualify for government benefits?

Any biological or legal child is eligible for government benefits, including Social Security survivorship benefits, government pension benefits and the like. The key is to ensure birth certificate and paternity issues are resolved as soon as, or shortly after, the child's birth. (See the previous question.) Once that's done, you can be assured that if tragedy strikes you or your partner, your child will be covered. If you neglect to establish yourself as a legal parent -- for example, by failing to put your name on the birth certificate -- and your child seeks government benefits after your death, the agency may deny his or her request because there isn't any proof that you were the parent. At the very least, your child will have to deal with the hassles of proving parentage.

When an unmarried couple has a child, whose last name does the child take?

In the vast majority of states, when it comes to baby names, anything goes. This includes first, middle and last names. You don't have to give the baby the last name of either parent -- for example, Mary Jones and Jack Brown can name their child Sunrise Smith. You may opt to hyphenate both of your last names, give the child one of your last names as a middle name -- or decide later and amend the birth certificate to reflect your new choice. (As mentioned above, you can amend a birth certificate by contacting your state's Department of Vital Statistics, which you can locate through the website of the National Center for Health Statistics.)

Can an unmarried couple adopt a child together?

In many states, they can. Unfortunately, even in states that permit joint adoptions, some social service and government agencies discriminate against unmarried couples. An unmarried couple can expect to do a bit more work to prove that their home is a stable and healthy environment for raising children. It's wise for any unmarried couple to consult a good family lawyer to get the lay of the legal land, as well as some practical guidance, before moving ahead with adoption plans.

If an unmarried couple jointly adopts a child, they will both be legal parents. This means that each partner has equal legal responsibilities to raise and support the child. And if the partners ever separate, each has an equal legal right to petition a court for custody or visitation of the child, as well as an obligation to provide child support.

If a parent partners with someone who isn't the child's other parent, can the new partner adopt the child?

This is commonly called a "second-parent adoption." Where the adopting couple is married, these adoptions are approved pretty readily because the couple's relationship is legally valid, and the child is already in the home and will stay there even if the adoption is denied. A number of states, however, still frown upon second-parent adoptions by unmarried couples, so if a partner wishes to adopt without marrying, he or she should consult with a local family law attorney to get an up-to-the-minute evaluation of the law.

Keep in mind that this type of adoption can't take place unless one of the following is true:

• both of the child's legal parents consent
• the noncustodial parent is deceased
• a court has found the noncustodial parent to be unfit to raise the child, or
• the noncustodial parent has abandoned the child.

If the noncustodial parent is the father, a social service agency will determine whether he has abandoned the child or whether his consent is needed before a second-parent adoption can take place. A father who signs a paternity statement, provides support (if he can) and maintains a relationship with his child is not in danger of the child being adopted by someone else without his consent.

If the noncustodial parent is the mother, the social service agency will have to obtain her consent or recommend that her parental rights be terminated. Unmarried mothers without custody must pay support if they can and visit the child -- or risk losing the child to a second-parent adoption.

If the adoption is successful, the adopting parent has the same legal rights and responsibilities of a biological parent, including the duty to raise and support the child, and the rights to custody and visitation if the couple ever separates.