How To Change Mine And My Son's Last Name After Getting Married?
I'm a Canadian and soon will be moving to the USA to marry my American fiance. I want to legally take my future husbands last name and also have my 3 year old son's last name changed after we get married. My son's biological father NEVER signed any birth certificate, nor has he ever recgonizied my son as "his child", so he's not in the picture. I wasn't sure if that would have any impact on my decision with the name change. But how would I go about getting our name changed and where would I have to go to get it done? We'll be living in Georgia. I don't know if every state is the same or different.
Chrys2006-11-10T20:38:14Z
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Once you are married - you can automatically change your last name to either his last name or a combination of yours and his. All you do is decide which, take your marriage papers, and change you name on your drivers, accounts, etc - the new last name officially becomes your legal last name at that point.
For you son, you will need to file for a change of name. Since the father is not in the picture, you can do this yourself. There will be a fee for this, which will vary from state to state but is usually fairly mininal.
Keep in mind that while this will give your husband and your son the same last name - it does not make him the legal father. If that is what you want - then your husband and you need to go to family court and apply to have your husband adopt your son as his own. Without a father on the brith certificate, that is generally a fairly simple process.
Well how would you feel about your current husband and yourself changing your last name to your child's to be more accommodating? If it's that important that you have the same name, why not make the child feel like the special one by changing to his? That way his daddy is still an important part of your family and he can always keep the same name rather than changing again if you get divorced and remarried. Yes I know that doesn't make the most sense but it's another option.
In most states its just a matter of providing a copy of your marriage certificate fo your last name. As for your son, your fiance will have to leagally adopt your child in order to have legal parental rights, ie, legal guardian, surname change etc...
Your's u will take once married. Your son's u need to go thru the courts. My advice have the babys daddy sign a paper saying he is giving up his rights as father and have it notirised so it will be easier when u get to the states. Here they go after the dads for support.
Other way hifine his name Example if its Jones then let it be Jones-Smith its one way around it and when he gets older give him the choice. Hope this helps!
I believe just by getting married your last name can change without any further action. Your child is another matter, get and attorney because you know who the father is he may have to sign papers to allow a name change without consequences to you or your new hubby.