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    kellyp0711's Avatar
    kellyp0711 Posts: 1, Reputation: 1
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    #1

    Dec 7, 2011, 09:35 PM
    Can I change my daughters last name on her birth certificate?
    My daughter is ten months old and her biological father and I are not together and never been married. We have not spoken since I left him when I first found out I was pregnant. My daughter has my last name and the father spot on the birth certificate is blank. My boyfriend however has been with me since I was three months pregnant and was there when she was born and has been her daddy ever since. I would like to give my daughter his last name and put him as father on her birth certificate. How can I do this?
    jetsphere's Avatar
    jetsphere Posts: 8, Reputation: 1
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    #2

    Dec 7, 2011, 09:57 PM
    What state do you live in? This is tricky and will likely involves more than just changing her name on her birth certificate. Your boyfriend may have to legally adopt your daughter as part of the process depending on where you live and the laws are there.

    If you plan on marrying your boyfriend in the foreseeable future it might be less messy to have your daughter's name changed during that process.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 8, 2011, 04:59 AM
    A birth certificate is a legal document. To amend it would require a court order.

    In most areas (ANY question on law needs to include your general locale as laws vary by area.), you would have to be married for at least a year before a step parent adoption can occur.

    As part of the adoption you will have to identify and get the permission of the bio father. Or at least make an attempt to do so.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 8, 2011, 08:51 AM
    For your boyfriend to adopt, the bio father will have to sign over his rights to allow the adoption.

    Even a name chance will require the bio fathers permission or a court order.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Dec 8, 2011, 09:37 AM
    Quote Originally Posted by jetsphere View Post
    What state do you live in? This is tricky and will likely involves more than just changing her name on her birth certificate. Your boyfriend may have to legally adopt your daughter as part of the process depending on where you live and the laws are there.

    If you plan on marrying your boyfriend in the foreseeable future it might be less messy to have your daughter's name changed during that process.

    When you give legal advice, please make certain that it is correct. "We" take great pride in our answers.

    A boyfriend CANNOT adopt the child in any State. A HUSBAND can, with restrictions which vary by State.

    This is not correct information and a marriage will not make the procedure "less tricky."

    That OP needs the Court's permission, and that varies by State.
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