Paternity The parents can sign a paternity acknowledgment form that adds the father’s name to the child’s birth certificate. To legally change your child's last name, you need court permission. Changing a child's name is easiest if both parents file a petition together. In this case, at the time the deed poll was executed, the mother was the only one with parental responsibility and therefore the change of name is valid. unless she was christened then you would re name her there as in a naming ceremony e.g. Amending a child’s first name. Can a child father change the last name of the child if the child had the mothers last name and the father is not on the birth certificate. Whatever bit of paper you have acquired or paid for saying that your child has a different surname is not valid. 3. In cases where the parents disagree about changing a child's last name, the court must weigh the mother's rights and the father's rights. You cannot change your child's name by deed poll without the fathers permission. If the judgment is passed in the mother's favor, she might consider changing the last name of her child. In this case as well, the father has to be informed that the name of the child is going to be changed, and should be agreeable to the change. He adores his "Pops"! This is usually the case when parents have separated or divorced, and a mother has reverted to her maiden name. A father may want to change the name or the surname of his child for a number of reasons such as when they adopt a child or establish paternity. 1. Therefore, it is necessary to ensure that this is always the case. To legally change your child's last name, follow these steps. My real dad never wanted anything to do with me, he always pushed me to the side and never paid for child support. The family court will consider what is best for the child, as well as how long he has had the other last name. Papers like what. If your child is 16 or more years old, then they can change their name themselves, without the consent of either parent, or anyone else, unless there is a Court Order in place which says otherwise. From the moment of birth, there is a number of days stipulated by the law within which the father’s name must be registered on the birth certificate. Can a Mother Change a Child’s Last Name? You can change a child’s first name on their birth certificate in the following circumstances: If your child was baptised within 12 months of the birth being registered and given a baptismal name. A name change can signal a new chapter for someone life, get rid of baggage associated with the name, or even changing a child’s last name to their new stepparents’ name. The name change might be the child’s idea. If the father of the child does have Parental Responsibility, then you will have to get his consent to change the name of your child, where your child is not yet 16 years of age. This should confirm that all persons holding parental responsibility have given their consent to the name change. File a petition with the court. I know because my father has stepped in to be like my son's dad since his is gone and my son begged to change his name so he could have my dad's name. As with any decision involving a child, the decision to change a child’s name should be made with the best interests of the child at heart. You change your own last name If you get a name change order, your child can take your new last name if the other parent is notified and agrees. Sometimes it is not possible to obtain permission from the other parent. Successful petitions to change the child’s last name are most likely if both parents agree to the change and file the petition together. I would like to know how to change the childs last name to the biological father's last name and change the father's name to the childs biological fathers name. By law, a child's name on the schools systems must reflect the child's birth certificate. The courts usually grant the petition, but will also consider the father’s relationship with the child. You would need to request this in your court proceeding. Georgia Name Changes. You should check with the court clerk. Children often suffer confusion and embarrassment when their names are different from their parents. Identification. The Court will take into consideration whether the name change is necessary and whether it would be detrimental to the child to change their surname, or in some cases to not change their surname. However, if an unmarried woman gives birth and the father has not acknowledged paternity, Georgia law mandates that the last name of the child be the same as the mother. Alternatively, sometimes a first name that seemed promising when the child was born … This can vary depending on the state; in Minnesota it is 45 days. Lawyer's Assistant: What steps has the father taken? Read More: Paternity Law Regarding Baby's Surname in Georgia. File the petition your state requires, notify the other parent, publish notice of the name change if required by your jurisdiction, and convince the court that the name change is in the child's best interests. The child shall be known as (Full Name of the Child) pursuant to RA 9255.” Thereafter, the child can now use the surname of the father. I want to use my father’s last name and learn about R.A. 9255. My question involves name change laws in the State of: Virginia the question I have is how would you go about changing a childs last name when the father on their birth certificate is not their biological father. However, if it isn’t, then be prepared to give reasons to the child why you want the name changed. My step dad always worked hard to be able to give me everything I wanted. Lawyer's Assistant: Family law varies by state. Quite likely, you don’t. While most of these instances involve last names, adults seeking to change the first name of a child usually have similar motives. No, to change the child's name, the birth father (or in, my son's case: my sperm donor ex-husband who doesn't pay child support, or even talk to the child) has to sign papers first. This usually happens when the latter is sentenced to life without the possibility of parole or has received the death penalty. To change the name of a minor child—usually considered a child younger than 18 years of age—both the mother and father must consent to the name change. Pay the required fee or request a fee waiver if you cannot pay it. Id. It is not uncommon for fathers who consult with me regarding obtaining their father’s rights to ask about changing their child’s last name and adding th Birth Certificateeir name to child’s birth certificate. Sometimes a mother wishes to change the surname of her child from the child’s father’s name, to her own. I am 19 years old, and I want to change my last name to my step father. Indiana. But if paternity is established, both parents have the right to petition the court to change the child's last name. You also need to enclose a letter of consent. If the father is not a "parent" as defined at Family Code Section 101.024, (that is he is not on the birth certificate and does not claim the child to be his, then Family Code Section 45.003 does not require citation on the father for a name change. If a child was given the first name of his father who is later convicted of domestic abuse, it might make sense to distance the child and the parent by changing the name. Each state's court has its own forms and fees for name change petitions. A mother could have entered into a new relationship, or since remarried and be operating under her partners surname. Adding the father’s Name to the birth certificate. Is the application of the law retroactive? To change a child’s surname by where the father’s whereabouts is known, we usually need either the father’s consent or a court that gives the mother permission to change her child’s name without the father’s consent. When changing a child’s name, either by recording at the National Records of Scotland or by Statutory Declaration, the parent must have the permission of the other parent if the other parent holds parental responsibilities and rights for that child. My step dad been in my life about 18 years already. Record holders such as the passport office will require such a letter before issuing a new passport. Where an application is made by a father to change the child's name, his connection with the child and commitment to contact and the existence or absence of parental responsibility would all be relevant considerations (Re W, Re A, Re B (Change of Name) [1999] 2 FLR 930). Can I do it? I am an 18-year-old illegitimate child using the surname of my mother. For example, if one child in a family unit had a different surname to the rest of the family, this may be considered as detrimental to the child. Has he filed any papers in family court? A Parent Notice is sent in many states a short time after the birth of the child. If you have a child, then the issue becomes more complicated. If she has a child, and has won custody of the child, she can file a petition to have the last name of the child changed to her maiden name as well. However, there are numerous factors involved in changing a surname to the mother's maiden name. Whatever the reason should be you should be informed about the legal process of what it takes to get your child’s name … It’s quite common for an unmarried mother to change her child’s name by deed poll and then for the father later to get a parental responsibility order. There are many reasons why their name may not have been on the birth certificate or the child’s mother chose a different last name for the child than the fathers. In cases where the child is born out of wedlock, the child often gets the mother's last name. … This can be the last name of the mother, the last name of the father, a hyphenated last name or another last name entirely. Have an honest discussion with the child. A father can change a child’s last name so long as his paternity is officially listed on the child’s birth certificate and as long as the mother also agrees to the new surname. But you should go see a lawyer to find out your options. The process should take less than one week. In Wearn, mother filed a petition to change her son’s last name to match her last name. An ideal option for Successful Petition of Change of Name for a Child. Parents often seek court approval to change a child’s last name so the child will have the same surname as the family the child lives with, for the sake of convenience in dealing with schools and for cultural reasons. Id. A filing fee is generally necessary along with the requisite paperwork, with the cost varying from state to state. Under certain circumstances, the law allows the custodial parent to change the child’s last name if the non-custodial parent has been sent to prison. What state is he in? Change the name or personal details on a child passport Your child will need to get a new passport if they’ve changed their name. Both Parents Filing Together . Obtain the correct form for your state, complete all required fields, and file the petition with your county clerk of court. at 363-364. The child has to carry the father's surname under the following circumstances: Alternatively, a formal name change can be complied with if the parent can show that they have been given a court order to this effect. Upon executing your child’s Deed Poll, send legal copies or the original document to all authorities to notify of the change of name. For example, a child who is at least 14 must sign a consent form, agreeing to the name change. at 363. This will be the case when the child becomes enrolled at the school. A father can petition the court to change his child’s last name if he is the biological father and the mother does not agree to the name change. You are not allowed to let your child be known by another surname - some schools and GPs fall foul of the law but there is no such thing as a "known by" name for those purposes. The father had legal visitation rights, was making child support payments, did not sign a written consent to the name change, and orally objected to the name change during the hearing. hey if the father is on the birth certificate it needs both signatures and you would need a birth certificate to prove her last name if you was going to change it with the school (I think) but they are very strict on name changing.