question on changing a babys last name?

Question

If your not married to a woman, but have a baby with her and the baby gets your last name. Then you break up and the woman wants to change the babys last name. Would they need to father permission to do that or can the mother just change it.

serious answers only please and i'm not sure if the laws are different in each state but tif they are i live in Massachusetts

Answer 1

They would need a judge or court to do it. The child would either need the mother to sign off on a legal name change which may vary from state to state.

Or the mother would need the child to be "adopted" by say a new father figure (example new husband or boyfriend or whatever). In any case how that might occur would vary

Answer 2

Every state has it's own statutes about it, but every single one requires a court order of some type, and every single one requires if not approval, then at least the opportunity for BOTH parents to contest (same with adoption). A judge can order it without, but usually won't unless the requesting parent at least proves that an effort was made to offer the other parent an opportunity to contest, AND a sufficient reason can be provided WHY the name change (or adoption) should occur against the other parent's wishes.

In your case, there may also be a question - not being married - as to whether you were listed on the baby's birth certificate. In VA, in cases of unmarried parents, the father is required (at least with mine I was) to sign a form authorizing my name to be put on the birth certificate. That, too, can be ordered by the court after a paternity test.

If you're not on the birth certificate, then you're pretty much out of the loop.

Answer 3

In IL you don't need to fathers permission if the name is getting changed to that of the Mothers.
My aunt had her kids last name changed. She had it changed to that of her boyfriends (they had a baby together and she wanted all her kids to have the same last name) and she had to have his permission seeing as he wasn't the actual father but she did not need the permission of the biological father even though the kids had his last name originally.
I hope you can make since of my answer. I tried to make it as clear as possible but it still sounds a little confusing.

Answer 4

Whomever has legal custody of the child has the right to change the child's name. However, if both parents share custody then they both have to agree.

You should consider how this will affect the child's future. I know from personal experience that you have to list all the names you have been called on certain forms especially for background checks. This can be extra work for the child in the future.

Answer 5

She can not change the baby name without your permission.If you are on the birth certificate she will need your signature with a court document before it can be changed.I went through the same thing but the father didn't want to be the father.So when i married my husband we went to court so he could sign over his rights.Now my child have the same last name as my husband.If you want to be in your child life don't sign anything.Good Luck

Answer 6

I thought about doing that with my daughter's last name, also. But I don't really think it's that important. I don't want to go through the hassles of trying to have it changed. Her dad isn't involved with her at all, but that doesn't mean I need to change her last name. He'd probably have a cow if I asked him about it anyway.

Answer 7

Well my son has my ex's last name but in order for me to change it to my husbands I have to pay the court to do it. But if your name is on his birth certificate you have all the rights over that child just as much as her. That's here in Texas over there who knows talk to a lawyer they should know how everything runs over there where yo live.
GOOD LUCK!!!