Wednesday, November 18, 2009

Can the babies name be changed?

My son is the legal paternal father of my infant grandson and the babies paternal last name is on the birth certificate. My son has broken up with the babies mom and she says that if she marries she will change the babies name. Can she legally do that without the consent of the paternal father?

Can the babies name be changed?
Yes she can, she just has to pay for it.


I looked into the same thing just in case my son's father leaves me and I want to change his name to mine.


My aunt had to do the same thing as well.


So yeah, she can.
Reply:Never hurt to try.
Reply:It depends on the law where you live. Each state in the U.S. has its own laws, and of course, laws vary from country to country.





In the area where I live, which is Tennessee, if the father is on the birth certificate, either he has to agree to give up his paternal rights or the mother would have to petition the court for the right to change the baby's name and your son could always contest it.





For a later husband to adopt a child, the father has to consent or the court has to order it.





If your son pays child support and is active in his child's life, there is less chance the mother can change the baby's name - legally.





On the other hand, because of convenience, she may simply start calling the child by her last name and there's little or nothing you can do to stop that and the child may become known by another name.
Reply:I am in Australia so it may be different. When I wanted to change my surname to my stepfathers name legally (I had been using his name right from Kindergarten) I was not able to without my biological fathers permission because I was under 18. As soon as I was 18 i was able to change it myself without his permission.


In saying this i was registered at school and Kinder as my step fathers name and that is what everyone knew me as that and did not know I had a different name. She can call the baby what she wants but she may not be able to legally change the name without his permission.
Reply:only if you have the father permissionn
Reply:Im in Ireland and I know that here. no she cant. My eldest has my maiden name as I had him before I started going out with my husband. My second son and baby to be born in June has my husbands name. When we were married we enquired as to whether we could change my eldests sons surname to the family name and it is not allowed. What is on his birth cert is his name and thats it.





Turns out that my son didnt want to change his name anyway.





However I think there is common usage law so watch out for that. Basically when the child goes to school they can register him under a new name and then after years they can fight for his name to be changed permanently as that is what he has been known by by everyone. You need to get more solid legal advice on this.





If your son goes to his solicitor he can apply for joint custody and then there is no way the schilds surname can be changed!!





best of luck
Reply:She can if she files for a name change or if the new husband adopts her son =[

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