My daughter is 3 years old. I was unwed at the time she was born. I did not provide her father's information on her birth certificate nor did he sign a Paternity Acknowledgement Form. She currently has my last name. Her biological father has not seen her since she was born nor has he provided any financial support for her. I am engaged and after marrying would like to have her last name changed to that of my husband's. My finance has supported my daughter financially and emotionally for the past 2 1/2 years. Upon hearing of my engagement her biological father has resurfaced and states he wants a paternity test and visitation (he says he is now willing to pay child support). Since my daughter has never been legitimized, does her biological father have any rights to (1) initiate the legitimization process; part of which I imagine would require that a paternity test be performed and (2) intervene with having her last name changed?

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Originally Posted by kasha706

My daughter is 3 years old. I was unwed at the time she was born. I did not provide her father's information on her birth certificate nor did he sign a Paternity Acknowledgement Form. She currently has my last name. Her biological father has not seen her since she was born nor has he provided any financial support for her. I am engaged and after marrying would like to have her last name changed to that of my husband's. My finance has supported my daughter financially and emotionally for the past 2 1/2 years. Upon hearing of my engagement her biological father has resurfaced and states he wants a paternity test and visitation (he says he is now willing to pay child support). Since my daughter has never been legitimized, does her biological father have any rights to (1) initiate the legitimization process; part of which I imagine would require that a paternity test be performed and (2) intervene with having her last name changed?

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I hope this helps I watch a lot of law and order so the family court will probably grant him visitations but probably not the last name thing

You can't just change the name. To legally change your child's name means going to court. Family court is most likely to require that your fiancée adopt your daughter. And that would be the better action anyway.

To clear the way for the adoption, the bio parent will have to agree. This means you will have to identify the bio parent and contact him to relinquish his rights. If he decides not to do so, he can try to establish a relationship with your daughter. My suspicion is that if he has done nothing to this point, he will probably be willing to get off the hook.

So your best bet is waiting until after the wedding and then contacting a family law attorney who can draw up the adoption papers and termination of rights papers.