Last name changing

JCGreene85 · September 2010

Has anyone had any experience with trying to change LOs last name? DS got my last name, but I was wondering what would happed if/when I marry what the process is. I know we have to go to court, but im interested as to what happens.

What if I marry and my husband was to adopt LO?

TIA

soyaddict · September 2010

I would love to know the legalities of changing LO's last name especially when adoption is not part of the scenario.

KaliChick · September 2010

Total lurker (my sis is a single mom) but I do have the answer to this one.

If you were to marry and your husband were to adopt your son a new birth certificate would be issued (as is standard in any adoption) and the new last name would be on it. My husbands step father did this when my husband was 7. He was issued a new birth certificate and his "step" dad is listed as his father. All rights to his biological father had to be terminated. In his case bio dad was kinda sorta around, but voluntarily terminated his rights in order to allow the adoption to be completed.

If you simply want to change his name to whatever your last name would become (no adoption) you have to do it through the court. If the father is listed on the birth certificate I believe you have to show you attempted to get his permission. If no father is listed, then you file with the court a petition to change the name, you have to list it in the newspaper (there are small papers this can be done in) and once it's granted it's done. I don't know if a new birth certificate is issued or not, I don't believe so.

My sister listed the baby's dad on the birth certificate. She gave her his last name. She's attempting to change it to her last name (they were never married). I know that it was in the legal documents about custody and the parental agreement (which he didn't sign). Since he didn't sign the papers they are waiting for a court date to get a default judgement for the custody. Once that happens her attorney told her she can file for the name change and as long as he doesn't contest it, it will be changed.

Hope that helps!

RedHeadedLeo85 · September 2010

KaliChick:
My sister listed the baby's dad on the birth certificate. She gave her his last name. She's attempting to change it to her last name (they were never married). I know that it was in the legal documents about custody and the parental agreement (which he didn't sign). Since he didn't sign the papers they are waiting for a court date to get a default judgement for the custody. Once that happens her attorney told her she can file for the name change and as long as he doesn't contest it, it will be changed.

That can be done (last name change) if the parents weren't married?

KaliChick · September 2010

Yes. My sister and the baby's father were never married. She gave the baby his last name. She wants her to have hers. Lots of very valid reasons as to why (he doesn't see her often, he's going to jail, he hasn't paid a dime in child support or for that matter ever even bought a package of diapers, etc). Lawyer says it's not a huge issue ... more than likely the father won't contest it since he couldn't be bothered with seeing the attorney to get the custody and visitation schedule set.

If you weren't married and you gave the child his last name and he's still involved, he's going to have to agree to the name change from what I understand.

Hope that helps.

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