Do I need bio fathers consent to change my child's last name?

I would assume that because he is not on the birth certificate that you don't need his permission. But, definitely check with someone in the legal field before doing anything.

I'm in the same position. My daughter's father left me when I was pregnant with her and I did not put his name on her birth certificate. My FH would like to adopt her but we haven't looked into it legally as of yet.

Good luck!

From what i know no if he is not in her birth certificate and there is no documentacion that he is her father then no you dont need his permission

If you want your FH to adopt her, then yes. Her bio father needs to sign over his rights. My DH adopted my daughter about 3 years ago. Her dad was deceased so we didn't need to all of that. And I would think if you go to the courts to change her name they will ask why and once you say you got married and want her to have your new last name they will make you do a step parent adoption. In some states they require you to be married for at least 1 year.

You should look into your state laws though. I live in GA

I don't know about the state you live in, but in VA you have to get the biological father's written consent for your husband to adopt your child. I knew a woman who did not want to contact the birth father so the court told her to make a public statement in attempt to find the father. She basically had to write an ad in the newspaper asking for anyone with information to contact her. No one stepped forward so the court went on with the adoption process. This was back in the early 2000s so laws/rules might've changed since then and it might be different from state to state.

As the others said, it goes by state. Here in FL I cannot even change my sons last name to mine without his fathers consent and when youre talking about changing it to FH's, thats a whole new ballpark. Thats adoption, not a simple name change.

I wonder if in all these cases mentioned the fathers name was on the birth certificate. I think it changes a great deal when he is not.

From my (dated, but probably correct) knowledge, I *believe* that you MUST have the biological father's consent for the adoption, or demonstrate that he has abandoned his child and cannot be found. I am trying to remember from when a friend went through this many years ago. She and her new husband had to jump through quite a few hoops - some of which were expensive - to demonstrate that they had tried to find biodad but could not. I don't think the same applies to the name change, but that doesn't really help because you want your new husband to adopt, as well.

As the ladies entioned name change laws vary state to state. However if there is no dad on the birth certificate that means he didn't acknowledge paternity of the child. You should check with your local department of vital records they will be able to tell you what is required where you are in order to legally change your daughters name.

@Cavan - the woman I know who did that did not have the father on the birth certificate. He actually had no idea she was pregnant and I don't think she ever told him. [drunken/high one night stand type thing] He wasn't a good guy and she didnt want him in their life. She married her husband and he adopted her son and raised him as his own.

@Kimi, thanks for the info. I don't mean to be a super-jerk but this is something close to me so I can get snarky. Even after 11 years I'm still hurt that I was left pregnant and the guy took off without a word. With no sign of him anywhere.

We are going through something similar right now. Except we are trying to get his sons named changed to his. They werent together when he was born and she gave him her last name. But FH has had custody for 4 years now and she has nothing to do with him. And we want his last name the same as ours. We will have to go through the courts for this. And since we know she will fight it we have to have a good reason. But dont you think us completely taking care of the child and her not having any contact is a good enough reason?

@Cavan: Didn't think anything of it! :o) This can be a real touchy subject. Situations do change depending on whether or not the father is stated on the birth certificate & they change depending on state laws. I couldn't imagine being in your position. You're one hell of a strong woman to raise a child alone.

As an attorney myself, I would advise you to speak with an attorney in your state. Just because someone on WW tells you that legally you don't need his consent doesn't mean anything. I could tell you what things are like here in Missouri, but if you are not in Missouri, it wouldn't do you any good.

Thank you all. I just wanted to talk to someone who has gone through it.

More info, while her last name is mine and he is not listed on the birth certificate, he still sees her. He hasn't abandoned her, but like I said, he's not listed. When I found out I was pregnant he said he wanted nothing to do with us. Then a year later he came around.

I'm going to call an attorney later. Thanks again!

Ive gone through it. Without the father on the birth certificate you can pay the fee and change the name without issue. AND if you want your new husband to adopt her. By bringing him with you and adding him he has to consent and physically be with you. And at that point you can add him to the birth certificate. Making him her legal father and changing her name at the same time

I could be wrong of course but if he is not on the birth certificate there is no parentage. And he would have no rights as a father without a paternity test, so changing the last name should not be a problem.. Like the ladies mentioned above look into the laws were you live.. But I say he has no claim to your child.