I am married we have a daughter who is not my Husband.How can I change my baby name to my Husband's?
2007-11-17 11:05:38 · 19 answers · asked by Marvis G 1 in Pregnancy & Parenting ➔ Baby Names
Your husband does not have to adopt your daughter, nor does your ex have to give up his legal rights for you to change her name. You do need the permission of her biological father, or a judge to change her last name. You will have to go to court and petition for the change.
Some info I got off the web:
It is possible, however, to change a child’s name without the process of adoption through petitioning the court for a name change by filing certain paperwork. How this works will vary from state to state, and while in the simplest cases you may be able to fill out the forms yourself, you will likely need to consult a lawyer or a legal aid society. You will also need to demonstrate that you have notified (or, if he is long gone, attempted to notify) the child’s natural father of your desire to change the child’s name. In some states, the natural father’s consent is required; in others, it is not. The court will weigh whether or not the name change is in the child’s best interests and will accept or deny the petition accordingly.
Be aware that changing the last name of a minor child does not change the identity or obligations of the child’s father. Changing a child’s last name to match a stepfather’s does not absolve the natural father from paying child support, nor will it obligate the stepfather to pay child support should his marriage to the mother end in divorce. By contrast, legal stepparent adoption does change the legal identity of the father; the stepfather becomes the legal father, and will be obligated to pay child support if the marriage dissolves. Be aware as well that if your child is an adolescent, the courts will likely require the child’s written consent to any proposed name change.
2007-11-17 12:12:11 · answer #1 · answered by Ki 4 · 0⤊ 0⤋
Only put your name on the birth certificate if you plan to legally and financially support the baby one day and have access to visit the baby. If you want to let the new dad have the responsibility of being the dad then don't get involved. Legally the mother has to use her married last name on the certificate and if you want to dispute that you have to legally go through the HRS aka Dept of Children and get a paternity test to prove you are the father and get a court order saying you are in the right to change the last name on the BC at the Vital Statistics Office. Why would you want the new dad's last name with yours, side by side? Either claim the baby as YOURS or don't get involved; if they want to still make the marriage work despite what happened. Hope this helps you with your decision. You do got to hand it to the guy for stepping in and not giving his wife a hard time about it. He's a hero. Good luck.
2016-05-24 00:39:25 · answer #2 · answered by ? 3 · 0⤊ 0⤋
How to put my baby in my Husband's last name legally?My Husband is the Stepfather?
2014-12-14 16:32:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you and your child's father have a custody agreement then it should stipulate how much legal custody each of you have (generally 50% each, regardless of physical custody). That means to have a legal name change you would both be required to sign change of name documents (assuming he's not relinquishing parental rights). You'll have to fill out a change of name form explaining why you want the name change (so criminals can't just change their names to avoid prosecution). If bio-dad disagrees and has 50% legal custody then it is a no-go. Or, as others have stated your new husband can legally adopt your child and the change of name will be part of that process. The other option is for her to use it as an AKA (also known as) without legally changing it.
2007-11-17 11:14:51 · answer #4 · answered by Heather Y 7 · 2⤊ 0⤋
It depends on your location and the situation surrounding the biological other half.
We have nothing to do with my sperm donor (I refuse to call him a father) and I am now married to the man of my dreams and all we had to do is request a name change through the government. I supplied all of the information and I had a legal name change certificate in my hand within 2 weeks. No adoption required.
Good luck.
2007-11-17 13:23:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Your husband would have to petition the court to adopt the child.
Then you could legally change the child's name to your husband's surname.
2007-11-17 11:08:44 · answer #6 · answered by Stuart 7 · 1⤊ 1⤋
You can't. In order to do this you have to contact the biological father and get him to give up his parental rights. Then your husband has to adopt your daughter. If your ex gives up his right you can't go after him for child support.
2007-11-17 11:10:16 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Is her father in the picture?
Who he sing legal rights over to your husband?
I think this is a question for a lawyer
2007-11-17 13:19:42 · answer #8 · answered by Halo Mom 7 · 0⤊ 0⤋
You have to get permission from the birth father if he is still alive. He will have to give up all his parental rights, including visitation and he will not be required to pay child support. Then you have to petition the court. Get an adoption lawyer. It's not as easy as it sounds.
2007-11-17 11:09:13 · answer #9 · answered by Denise P 4 · 1⤊ 1⤋
If the biological father's name is not listed on the child's birth certificate (or any other records), a simple name change will do it.
2007-11-17 11:19:58 · answer #10 · answered by silverbullet 7 · 0⤊ 1⤋