View Full Version : Is it possible to change a minor's last name to my married name?
szulbam
Nov 14, 2011, 09:01 AM
There is not a father's name listed on her birth certificate, because, well frankly, I don't know who it is. I don't even no his last name, it was a one night stand, and not something I am proud of. Anyway, I have a beautiful daughter out of it who has my maiden name. I am now married, and have another child with my husband. I like my oldest to have the same last name as the 3 of us. DH is the only father she has ever known. Is this possible to do? And if so, how do I move forward to accomplish it?
Thank you!
AK lawyer
Nov 14, 2011, 09:11 AM
Go to your local courthouse and ask if they have forms to change a minor's name.
You may have to publish notice in the paper, which will probably be the costliest part of it. And, in that case, consider a step-parent adoption. That also will require publication, but it would be the more complete solution in most cases.
That would accomlish a number of things in addition to the change of surname:
inheritance from your husband
ease of passport acquisition for the minor
in summary, making the minor his "legal" child as well as yours.
IamMysonsMom
Nov 15, 2011, 12:48 PM
My first thought is to consider DH's adopting this child as his own. This would make your family complete as well as making it official that she is truly his child just as much as her younger sibling. Doing this not only gives her the family name but also shows her that she "belongs". That goes a long way for a kid.
kcomissiong
Nov 15, 2011, 06:02 PM
I've answered question very similar to this one HERE (https://www.askmehelpdesk.com/family-law/am-engaged-wonderful-man-who-loves-kids-dearly-593259.html#post2874916). I've copied the applicable parts of the text below.
***edited because I didn't take time to read before I pasted****
First... a name change doesn't make a complete family. Its cosmetic. It may prevent others from asking questions, but if your partner's love and support is what creates his relationship, not a last name. It also does not give him any rights regarding your children, and if you are trying to blend your family, then making him your child's legal parent should be your goal.
As I mentioned previously, the name change accomplishes nothing in the way of creating a legal relationship. If something were to happen to you, he has NO rights to your children, and that won't change aftera name change because he isn't the father. To do this correctly, you need to consider a step-parent adoption, and you will again need to locate and gain the consent of the father, or provide a VERY compelling reason as to why you shouldn't need it. (many states make provisions for when the father cannot be ascertained, and your local dept of family svcs. Can provide you with more info. On how to proceed) For uninvolved father's who honestly don't care, child support is usually a very compelling reason to consent.