Can I Use My Father’s Surname Even If My Parents Hadn’t Gotten Married Until After I Was Born?

Answered by Mawlana Ilyas Patel

Question

If my parents didn’t get married until after I was born, and I have lived with both of them for most of my life, is my father still considered my biological father? If so, can I use his name as my surname?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

If a child is born out of wedlock, Islamically, the father is not considered one’s biological father. One can use the family surname but not his name.

The jurists mention that if one was to marry a woman whom one had impregnated and the child was to be born six months or more after marriage; then the child would be considered legitimate.

However, if the child was born before six months elapsing, they will not be considered legitimate.

[Ibn ‘Abidin, Radd al-Muhtar, Marghinani, Al-Hidaya]

Considerations by Both

Therefore, this child born out of wedlock will not inherit from their mother’s husband. However, one may make a bequest of up to one-third of one’s wealth for the child so that the child is not entirely deprived of his wealth.

One should also remember that the man should treat the child like his own, and the child should treat him like his father. Allah (Most High) will greatly reward those who take good care of their children.

Indeed, it is said that ‘Aisha (Allah be pleased with her), when asked about a child of adultery, responded that the child has nothing of the sin of the parents and cited this verse as her proof.

[Tafsir al-Quran al-Adhim, Ibn Abi Hatim al-Razi]

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

Related 

• Why Does the Father Not Have Any Responsibility for an Illegitimate Child (Walad al-Zina)
• What Obligations Does a Person Have Towards His Illegitimate Children? 
• Can a Non-Muslim Child Born out of Wedlock Establish a Relationship with a Father? – SeekersGuidance
• Child out of Wedlock Archives – SeekersGuidance

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I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.