I'm going through a divorce and my daughter's name is my maiden name on her birth records because I wasn't married at the time she was born. Plus I didn't name her father on the birth records either because we weren't together at the time. Now he wants her to have his last name. Is there a way that can be done in the state of NY? Mind you she is 9 years old now.

Thank you.

You can't change the name on the birth records, but you can fill out forms and go to court and have her name altered/changed.

So I can't add his name to the records?

Well if you and the father agree, and want to make a change to add the fathers name to the birth certificate, his name can be added, but that will not change the child's name on the certificate, merely add his name as father on the certificate. *** not availalable in all US states

To change the actual name of the child, there will have to be a name change done at the courthouse, if both of you agree it is easy and not that costly

In other words, it is not possible to change your daughter's name in your divorce, but you can change yours to some extent. But you can get him to acknowledge that he is the father of your child, along with establishing child support, custody, visitation, etc. You will probably need to file a separate petition to change the name of your daughter.