[cookie92]

I live in the state of South Carolina. Lexington county and I am 19 years old. I have a 3 year old son who's father has never been apart of his life. His biological father's name is not on the birth certificate. He was in around 30 and I was 15 when I got pregnant so I was never married to him. He is an illegal immigrant from mexico and so I was told that I did not have enough info to file for child support and really didn't want to because I had already been taking care of him myself. Anyway, I am now married and raising my son with my husband who he sees as is father. I want my son to have the same last name as me and my husband. Do I have to have permission from his biological father to change his last name to my husband's?

[ScottGem]

Yes and no. First I would suggest that your husband petition to adopt the child. You are more likely to get court permission for an adoption without the father's consent than a name change.

This is an iffy situation. Since you were effectively raped (you were under the age of consent) the father's assent may not be required. Even if it was, if you can show a good faith effort to find the father that may be enough.

You really should consult a local attorney on this, since the rape complicates matters.