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    aking181's Avatar
    aking181 Posts: 1, Reputation: 1
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    #1

    Apr 4, 2011, 09:38 AM
    Changing my sons last -bio-dad not on birth cert.
    I have a 4 yr old son who wants to change his last name to my married name, and the name of his daddy. The bio-dad is not on the birth cert... I was wondering if I can change it without the formal consent of the bio-dad, especially since the bio-dad is not in any way shaped or form involved in my sons life.

    Thanks
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Apr 7, 2011, 07:45 AM
    Short Answer... no you cannot.
    mommy22boyz's Avatar
    mommy22boyz Posts: 6, Reputation: 1
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    #3

    Jan 22, 2012, 04:30 PM
    Yes you can... if you live in California that is, you just go down to the records office and say you want to change the birth cert. there is a small fee but its not much and since there is no bio father listed or a bio father acknolging he is the father you can change it.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #4

    Jan 23, 2012, 05:55 AM
    That is incorrect. First, we do not know where the OP is located, so we cannot give an answer pertaining to a particular state. Especially when it is completely wrong. Some states will allow a minor revision to a BC (like spelling of a name) but a legal name change involves a court order. A court order for the name change of a minor in CA (since that is where you cited) requires the consent of everyon with legal rights to the child, including the father. A father who is not listed on a BC has the same legal rights as the mother, he simply has to go to court to have those rights enforced. A name change in this situation would be more difficult, as she would have to locate the father, establish him as the legal father, and then gain his consent.
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