My son is 3 years old. He currently has his father's last name. Because I know I can't change his name without his father's consent, I want to know if I can add my last name to his birth certificate. I live in NYC. If anyone can give me insight on this I would appreciate it.

I'm confused - aren't you already on his birth certificate by your last name as his mother?

No, you cannot hyphenate and add your last name (if that is your question) without the permission/consent of the father.

It's NYS Law (as you already know - most people don't so you did your homework. Good for you).

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Originally Posted by thunder1714

My son is 3 years old. He currently has his father's last name. Because I know I can't change his name without his father's consent, I want to know if i can add my last name to his birth certificate. I live in NYC. If anyone can give me insight on this I would appreciate it.

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Usually BCs can't be amended (as opposed to being corrected, or changed pursuant to an adoption) after the child is 1 year old. If JKT says you can't in NYC, that would be consistent with the general pattern.

Does it matter at all if I have full legal custody of my son? Also until January of this I had an order protection against my son's father. As you can see it's a mess. I appreciate your response to my question. For some reason my whole explanation wasn't posted before.

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

As long as his rights were not terminated, you will probably need his consent. I would suggest contacting a local attorney to confirm.

An Order of Protectioin against the father does not keep him from having visitation with the child. Visitation, in fact, is immaterial when it comes to the name change.

You need the consent of the father - in writing - in NY.

As noted you need the consent of the father, either voluntary or involuntary. Its possible the father can be compelled to consent by a court, but that's a longshot.

@ Scottgem, the follow up question was for JudyKay. That's why I made a comment under hers.

Thank you everyone that answered. You guys were great help.

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Originally Posted by thunder1714

@ Scottgem, the follow up question was for JudyKay. That's why I made a comment under hers.

Thank you everyone that answered. You guys were great help.

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I understand that's it seems applicable to use the Comment feature as you did. But the Comment feature is really designed for something else, basically for a thank you or it worked comment. Follow-up questions should use the Answer options, posters will be notified that a response was posted.