I would like to change my son's last name to my married name but need to know the process. There is no father listed on his birth certificate so do I have to have the consent of his biological father?:confused:

Yes.

You have to have the consent of the biological father. If there is none on the birth certificate the courts will order you to follow a process to make a good faith effort to locate the father. If the father cannot be located, you can go ahead with the name change. If the father is located, you need his consent to change the last name.

Call your local court house. They should be able to tell you what steps to take. Or even easier, call around and get free consultations with attorneys. They will be able to point you in the right direction.

I will go with maybe, some laws vary by state so you will need to check with your local court just to be sure.