Each state's court has its own forms and fees for name change petitions. It’s quite common for an unmarried mother to change her child’s name by deed poll and then for the father later to get a parental responsibility order. This should confirm that all persons holding parental responsibility have given their consent to the name change. If your child is 16 or more years old, then they can change their name themselves, without the consent of either parent, or anyone else, unless there is a Court Order in place which says otherwise. Alternatively, sometimes a first name that seemed promising when the child was born … You also need to enclose a letter of consent. Have an honest discussion with the child. A father can change a child’s last name so long as his paternity is officially listed on the child’s birth certificate and as long as the mother also agrees to the new surname. Has he filed any papers in family court? In Wearn, mother filed a petition to change her son’s last name to match her last name. But you should go see a lawyer to find out your options. Record holders such as the passport office will require such a letter before issuing a new passport. Can a child father change the last name of the child if the child had the mothers last name and the father is not on the birth certificate. Can I do it? at 363. This can be the last name of the mother, the last name of the father, a hyphenated last name or another last name entirely. Papers like what. File the petition your state requires, notify the other parent, publish notice of the name change if required by your jurisdiction, and convince the court that the name change is in the child's best interests. For example, a child who is at least 14 must sign a consent form, agreeing to the name change. This is usually the case when parents have separated or divorced, and a mother has reverted to her maiden name. No, to change the child's name, the birth father (or in, my son's case: my sperm donor ex-husband who doesn't pay child support, or even talk to the child) has to sign papers first. A mother could have entered into a new relationship, or since remarried and be operating under her partners surname. Sometimes a mother wishes to change the surname of her child from the child’s father’s name, to her own. To legally change your child's last name, follow these steps. Georgia Name Changes. 3. He adores his "Pops"! You can change a child’s first name on their birth certificate in the following circumstances: If your child was baptised within 12 months of the birth being registered and given a baptismal name. Whatever the reason should be you should be informed about the legal process of what it takes to get your child’s name … For example, if one child in a family unit had a different surname to the rest of the family, this may be considered as detrimental to the child. Id. However, if it isn’t, then be prepared to give reasons to the child why you want the name changed. A Parent Notice is sent in many states a short time after the birth of the child. The family court will consider what is best for the child, as well as how long he has had the other last name. While most of these instances involve last names, adults seeking to change the first name of a child usually have similar motives. Id. I am an 18-year-old illegitimate child using the surname of my mother. Alternatively, a formal name change can be complied with if the parent can show that they have been given a court order to this effect. By law, a child's name on the schools systems must reflect the child's birth certificate. Whatever bit of paper you have acquired or paid for saying that your child has a different surname is not valid. In this case, at the time the deed poll was executed, the mother was the only one with parental responsibility and therefore the change of name is valid. Lawyer's Assistant: What steps has the father taken? The name change might be the child’s idea. In cases where the child is born out of wedlock, the child often gets the mother's last name. A name change can signal a new chapter for someone life, get rid of baggage associated with the name, or even changing a child’s last name to their new stepparents’ name. When changing a child’s name, either by recording at the National Records of Scotland or by Statutory Declaration, the parent must have the permission of the other parent if the other parent holds parental responsibilities and rights for that child. Under certain circumstances, the law allows the custodial parent to change the child’s last name if the non-custodial parent has been sent to prison. If you have a child, then the issue becomes more complicated. You should check with the court clerk. 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