My son has my last name and when I get married we would like it to be changed. What do I do?

His biological father did not sign the birth certificate but a DNA test was done. How would we go about changing his last name and would my husband have to adopt him?

My son has my last name and when I get married we would like it to be changed. What do I do?
Anybody can change their name legally to anything they want. Just go to court and file for a name change.





Your husband would not have to adopt him just because he changes his name unless he wants to. It's two separate things.
Reply:talk to the county court and usually its just some paperwork and a small fee. now if you don't have time to go up there you can always call a family lawyer and see what the steps are and if possible how much would it be for the lawyer to do it, that way may be a little bit more pricey but it gets it done. or you can call a lawyer get the exact steps for changing the name in your state, as far as the husband he doesn't have to adopt your son, but for him to take his last name that way would be easiest. call a lawyer they usually answer over the phone questions for free and see what it takes for your state, cause they are all different.
Reply:You need to check with an attorney. Since his biological father has taken a DNA test and proved to be the father, he may have to give his permission for your child's name to be changed. Regardless, you need to go to court for a legal name change.
Reply:Your husband could adopt him or you can get a legal name change. My son's name was legally changed to my husband's name when he was 15. A lawyer charged us $75. This was 1984. It is probably a bit more now. It's a very simple process.
Reply:Get a lawyer on this. I would say that in order for your son to have your new husband's last name, the new husband would have to legally adopt him. Which means the bio father has to agree to this.
Reply:i believe he would have to be adopted in order for his last name to change. but, not sure if that really applies when the biological father didnt sign the BC... im sure a lawyer could answer this for you.
Reply:If there is any kind of support agreement involved you cannot change his name. Otherwise you need to have your new spouse adopt him. Go see the local Judge of Probate.
Reply:If the child's father has any parental rights to him, you'll need his permission to change your son's last name.
Reply:Call your local courthouse and ask them. The laws probably vary by state.

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