How can I change my child's last name... Complicate question!!! // Please help me out!!?

Question

When I got pregnant I decided not to tell anything to my child's father and never talked to him again. My ex boyfriend offered me his help, during pregnacy he ask me to give my child his last name, and I did. We are now living together and he is playing dad role. He is like a dad to my son, and he offers the baby everything he can give him.
Now, my child is six months old, and I realized what terrible mistake I have done. Resently I talked to my child's biological father, and he asked why I did not tell him, Why I did not let him decided whether he wanted to be in charge of the baby or not. He wants to have contact with the baby, see him and have the child's last name change to his. He tells me that he won't take me to court if I don't want to change his last name but at least he wants the child to have just my last name.
Now I just want to change my child last name not to have his biological father's last name, but just my last name.

How can i do this? Please help me out!!

Answer 1

Boy, this is a tough one. Aside from all the guilt and blame people might pour out on you for doing this to yourself, an unmarried mother, you do have a complicated mess. You should have told the baby's biological father right away and given him the choice if he was interested in pursuing the role of father. It's obvious that he is interested now that he knows.

I really feel for your ex-boyfriend who has now taken on the role of dad. What a tragedy for him. It's not his baby and he was willing to take responsiblity, financially, emotionally, for yours and another man's child. That is such a noble thing to do and he is to be commended for his actions! You don't say how he feels about any of this but I can bet he feels pretty let down. And you know who let him down? YOU DID.

If the baby's biological father cared so much, how come you didn't see him for all those months after you had sex long enough to produce a baby?

You can change the baby's name to his biological father's through court. It will cost some money but it can be done. What you can't undo in any court, however, is the hurt you are going to inflict on a man who took you and your child in.

Answer 2

I did this and it did not cost me a cent.
I went to the town where she was born. Spoke to the clerk in charge of records. (birth certificates, marriages, etc.). Explained the situation, then what we did was file a mistake on birth certificate form.
My daughter was 15 months old.
Personally, I gave her my name, then changed it to her dad's when I married him.

Answer 3

Contact a lawyer to have it done. It's a simple process. It usually costs around $200.00.

Answer 4

ALL YOU HAVE TO DO IS GO TO CITY HALL AND GO TO THE RECORDS OFFICE AND IT CAN BE DONE, IT COST ABOUT 300.00, THERE IS ALOT OF PAPER WORK AND IT DOES TAKE A LITTLE TIME BUT IT CAN BE DONE.
MY SIS HAD MY NEPHEWS ENTIRE NAME CHANGED. GOOD LUCK TO YOU.

Answer 5

ur in a situation girl, but i think it would be right to give it ur last name because when he gets older things can get complicated and he will wonder why he doesnt have his daddys last name

Answer 6

Go to the circuit clerks office in your area and ask them the procedure for doing it.

Answer 7

go to the local court house and talk to them. if im not mistaking thats where you can change a name.i was just about to do the same thing. you really made me think. now im not going to. thanks for sharing your story.

Answer 8

What you need to ask yourself, is all of this really neccessary? Will it benefit your child in the long run?
If his bio dad wants visitation, is he going to ask for any type of custody? Since you know that your bf isnt his father and his bio dad now knows of him. You cant know for sure whether or not the childs bio dad wont take your to court, and if or when he does are you going to be prepared?
There are alot of questions rather than just the few you have mention that you should be thinking about. Remember, this isnt just about you, its about your child and the consequences of your actions and how they will have an effecton him/her. Have you thought of everyone involved? Are you aware of your legal rights as well as the legal right the childs bio dad has?
You should consult with an attorny in your state, who deals with the name changing of children.


First of all most states assume that the child bears the last name of the man who was with you during the birth of the child, or the last name of the man who affixed his name to the birth certificate.
Changing the last name of your child is very difficult. You cannot do it on your own and it must be done thru a legal process. In most states you have to get permission from the courts in changing a childs last name.

This is Maryland's Law
Rule 15-901. Action for change of name.
(a) Applicability.- This Rule applies to actions for change of name other than in connection with an adoption or divorce.
(b) Venue.- An action for change of name shall be brought in the county where the person whose name is sought to be changed resides.
(c) Petition.- (1) Contents.- The action for change of name shall be commenced by filing a petition captioned "In the Matter of . . ." [stating the name of the person whose name is sought to be changed] "for change of name to . . ." [stating the change of name desired]. The petition shall be under oath and shall contain at least the following information:
(A) the name, address, and date and place of birth of the person whose name is sought to be changed;
(B) whether the person whose name is sought to be changed has ever been known by any other name and, if so, the name or names and the circumstances under which they were used; (C) the change of name desired;
(D) all reasons for the requested change;
(E) a certification that the petitioner is not requesting the name change for any illegal or fraudulent purpose;
(F) if the person whose name is sought to be changed is a minor, the names and addresses of that person's parents and any guardian or custodian; and
(G) whether the person whose name is sought to be changed has ever registered as a sexual offender and, if so, the full name(s) (including suffixes) under which the person was registered. Cross References.
See Code, Criminal Procedure Article, § 11-705, which requires a registered sexual offender whose name has been changed by order of court to send written notice of the change to the Department of Public Safety and Correctional Services within seven days after the order is entered.
(2) Documents to be attached to petition.- The petitioner shall attach to the petition a copy of a birth certificate or other documentary evidence from which the court can find that the current name of the person whose name is sought to be changed is as alleged.
(d) Service of petition - When required.- If the person whose name is sought to be changed is a minor, a copy of the petition, any attachments, and the notice issued pursuant to section (e) of this Rule shall be served upon that person's parents and any guardian or custodian in the manner provided by Rule 2-121. When proof is made by affidavit that good faith efforts to serve a parent, guardian, or custodian pursuant to Rule 2-121 (a) have not succeeded and that Rule 2-121 (b) is inapplicable or that service pursuant to that Rule is impracticable, the court may order that service may be made by (1) the publication required by subsection (e)(2) of this Rule and (2) mailing a copy of the petition, any attachments, and notice by first class mail to the last known address of the parent, guardian, or custodian to be served.
(e) Notice.-
(1) Issued by clerk.- Upon the filing of the petition, the clerk shall sign and issue a notice that (A) includes the caption of the action, (B) describes the substance of the petition and the relief sought, and (C) states the latest date by which an objection to the petition may be filed.
(2) Publication.- Unless the court on motion of the petitioner orders otherwise, the notice shall be published one time in a newspaper of general circulation in the county at least fifteen days before the date specified in the notice for filing an objection to the petition. The petitioner shall thereafter file a certificate of publication.
(f) Objection to petition.- Any person may file an objection to the petition. The objection shall be filed within the time specified in the notice and shall be supported by an affidavit which sets forth the reasons for the objection. The affidavit shall be made on personal knowledge, shall set forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. The objection and affidavit shall be served upon the petitioner in accordance with Rule 1-321. The petitioner may file a response within 15 days after being served with the objection and affidavit. A person desiring a hearing shall so request in the objection or response under the heading "Request for Hearing."
(g) Action by court.- After the time for filing objections and responses has expired, the court may hold a hearing or may rule on the petition without a hearing and shall enter an appropriate order, except that the court shall not deny the petition without a hearing if one was requested by the petitioner. [Amended April 5, 2005, effective July 1, 2005.] http://198.187.128.12/maryland/lpext.dll/Infobase1/24/2071/220f/2210?fn=document-frame.htm&f=templates

Tennessee's Laws
A court which receives a petition to change a child's name may require that a child's parents be notified. The father of a minor child has some legal interest in the child's last name, and the father can assert such a right at the court hearing.
If a court issues a judicial decree changing a child's name, a certified copy of the decree should be sent to the agency where the child's birth certificate is recorded.

Procedure for Name Change (Followed by Most States)
Obtain necessary forms (some will need to be notarized-this can usually be done for free at your bank)

Petition for change of name
Order granting change of name
Legal backer form
Notice of Petition to the public (local newspaper)
Affidavit of Consent (if necessary)
File your forms with the proper court and pay any filing fees
Contact your local county court to find out in which court you need to file.
Attend hearing
A hearing is not always required, but the court may schedule one to determine the reason for the name change.

Publish notice of name change in local newspaper
The newspaper in which you must file will be specified in the order, and an advertisement is usually sufficient. The purpose is to notify any creditors of your new name.
Court issues Order granting name change
You may now begin using your new name!

Changing Your Child’s Name
Parents sometimes decide to change their child’s name, particularly when there is a change in the child’s family structure, such as the parents’ divorce. The name change is more likely to be approved by the court if both parents agree.

Then, you need to contact any business or government agencies with which you deal to notify them of your new name and request that it be changed in their records. Some important agencies to notify are your employer, school, creditors, utility companies, banks and financial institutions, insurance and mortgage companies, post office, internal revenue service, registrar of voters, professional associations and frequent flier programs.

You also need to notify the passport office and Bureau of Records or Vital Statistics (to obtain a birth certificate with your new name). Additionally, be sure to change your name on any legal papers, such as wills, trusts, or contracts.

Social Security Administration 800.772.1213 http://www.ssa.gov
Internal Revenue Service 800.829.1040 http://www.irs.gov
U.S. Post Office 800.275.8777 http://www.usps.gov
Passport Office 877.487.2778 http://travel.state.gov/passport


TIP: Although some agencies will change your name in their records with just a phone call, most will require a written request indicating the new name and a copy of the court judgment legalizing it. To save yourself time, prepare a form letter clearly stating your old name and new name, and request that you want to be known by your new name. Also, make several copies of the judgment authorizing your name change so that you can readily provide it to any agency or business that requests proof of the legal name change.

Can I obtain a birth certificate with my new name?
Yes. However, the laws in your state may only permit issuance of an amended birth certificate rather than a new original birth certificate.
http://www.mylawyer.com/guide.asp?level=2&id=445