I have a seven year old son that was born out of wedlock. His father signed the birth certificate, but we gave him my last name. We have since gotten married and would like to change our sons name so we will all have the same last name. Vital Records said it wouldn't be an issue if my husband hadn't signed the birth certificate, but since he did I don't know how to proceed.

You and your husband will have to go to court in your county. You will have to pay a fee but your got to go through the courts.

Liz is right... you must get the name changed in court.

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Originally Posted by wendyleigh27

I have a seven year old son that was born out of wedlock. His father signed the birth certificate, but we gave him my last name. We have since gotten married and would like to change our sons name so we will all have the same last name. Vital Records said it wouldn't be an issue if my husband hadn't signed the birth certificate, but since he did I don't know how to proceed.

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In some States you must prove paternity by DNA. You cannot simply change the child's name. (I know, it makes no sense when the father has signed the birth certificate.)

It's a very simple Court proceeding. Call the Clerk of the branch of the County Court which handles such matters.

In some States the forms are available on line.