My son is 4 years old and he has his biological fathers last name, however he did not sign the birth certificate. I have not heard anything from him or his family since my son was 3 months old and I have no idea how to get in contact with him. My fiancé is the only father my son knows. My son will be starting school soon and I would like to change his last name to mine. How do I go about doing this?

You find the father. Then go to court for visitation and child support. Also you can bring up the name issue with him. He will have to agree to it once he is proven to be the father.

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Originally Posted by ladyj13

My son is 4 years old and he has his biological fathers last name, however he did not sign the birth certificate. I have not heard anything from him or his family since my son was 3 months old and I have no idea how to get in contact with him. My fiance is the only father my son knows. My son will be starting school soon and i would like to change his last name to mine. How do i go about doing this??

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Once you and your fiancé are married, if your fiancé wants to adopt the child that probably would be the easiest way to get the child's name changed.

You shouldn't change it. Its more wise for you and him. You can't change the reality. That he is the son of (father name). He came from his father sperm.

AK lawyer disagrees : The father doesn't "have to" agree to anything. And is is doubtful that the court can order a name change in the context of a child support case.


You need to start paying more attention. I didn't say to bring it up at the child support case. Name change is a separate issue. But she could bring it up with the father once he is proven to be the father legally.

And yes if this case is in the U.S. the father WILL have to agree to a name change. If he doesn't then it will most likely end up as a hyphenated name. Also depending on age of a child and records the courts can disallow a name change. So Im not sure why I got the reddie. Also if adoption enters into it the bio dad will have to agree to it or be stripped of rights on legal grounds. If granted the new father would still have to agree to a name change. Start paying attention.. OK.

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Originally Posted by califdadof3

AK lawyer disagrees : The father doesn't "have to" agree to anything. And is is doubtful that the court can order a name change in the context of a child support case.


You need to start paying more attention.

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Then he'd have to stop posting.

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Originally Posted by AK lawyer

Once you and your fiance are married, if your fiance wants to adopt the child that probably would be the easiest way to get the child's name changed.

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Is this supposed to be some type of joke? You think a woman can walk into a courtroom, say she has "no idea" where the child's father is and just change the child's surname? Not that easy. If it were, you'd have bitter exgirlfriends lined up and down the block waiting to file.

And you, once again, misunderstood someone's post. Califdad wasn't saying that the father will be forced to agree to the name change, he was stating that the father's consent will be required in order to allow the name change.

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Originally Posted by this8384

Is this supposed to be some type of joke? You think a woman can walk into a courtroom, say she has "no idea" where the child's father is and just change the child's surname? Not that easy. ...

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Once again you are demonstrating your abysmal ignorance.

A stepfather adoption can be done even if the biological father is unknown or cannot be located.

It may be more difficult, but it can be done.

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Originally Posted by AK lawyer

Once again you are demonstrating your abysmal ignorance.

A stepfather adoption can be done even if the biological father is unknown or cannot be located.

It may be more difficult, but it can be done.

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I didn't say it was impossible. (Good job on typing out big words like "abysmal" - here's a cookie) You implied that all she would have to do is get married, go to court and give the kid her new husband's name. That's not how it works. She needs to make a reasonable attempt to locate the biological father before being about to proceed; getting married doesn't void all of that.

Do you enjoy making up things that were never said and reading things that were never written? I cannot fathom why or how you continue to do that on a daily basis.

WOW-how many passionate posts here...

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Originally Posted by ladyj13

My son is 4 years old and he has his biological fathers last name, however he did not sign the birth certificate.

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Originally Posted by califdadof3

And yes if this case is in the U.S. the father WILL have to agree to a name change..

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Agreed... but if only the father is legally established.
She must seek permission from the father before doing this only if the father has acknowledged himself /or was adjudicated/ as a father.
Adoption,custody,child support....who cares?


Generally, the mother can decide what the child's name and surname will be.
There is a BC where it's written" Mother-ladyj13 Smith/hypothetical/,father/blank/,child-John Johns.
She wants to change his last name from Johns to Smith.That's all.A child's name can be changed at any time, within certain limitations, provided it is not being done to deceive or defraud another person.Where only one parent or person has parental responsibility for a child, that person can lawfully change the child's name.

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Originally Posted by ladyj13

I have not heard anything from him or his family since my son was 3 months old and I have no idea how to get in contact with him.

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If it is required in your state to get his consent you may petition the court to allow substituted service.

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Originally Posted by this8384

You think a woman can walk into a courtroom, say she has "no idea" where the child's father is and just change the child's surname? Not that easy.

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I know / and I am sure califdad knows,too/ that in California there is form NC-121/it is filled by a parent who wants to change the child's last name/.
If the father is not listed on child's BC that form may be submitted blank.In that case it is possible/ but not mandatory in all states/,the OP to be ordered to display a notice in a local newspaper to "Dear John Doe".Some judges are convinced that if a father hasn't showed an intention to establish and develop parent-child relationship for four years/for example/ there is no need for them to be noticed about changing of child's last name.