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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.

13 Answers

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  • Chrys
    Lv 4
    1 decade ago
    Favorite Answer

    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.

  • Anonymous
    5 years ago

    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.

  • 1 decade ago

    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...

    Source(s): I legally adopted my 2 stepchildren last year.
  • Anonymous
    1 decade ago

    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!

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  • kny390
    Lv 6
    1 decade ago

    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.

  • Anonymous
    1 decade ago

    You and your fiance need to go through the court or city hall to request this. He should also consider legally adopting your son as well. Good luck!

  • Anonymous
    1 decade ago

    For you, getting married allows you to take his last name.

    You have two choices for the son.

    Common usage will permit a gradual acceptance of the name or go to the court and have it legally changed

  • Anonymous
    1 decade ago

    You go to the county hall of records and fill the proper documents out. You will need to change your social security information too.

  • 1 decade ago

    once you have your wedding certificate you need to produce or a certified copy of it to all the places that you are registered...eg. the bank, road authorities etc with your son you need to actually register the name change via depol.

  • 1 decade ago

    You should probably start at the city hall or talk to an attorney, they know the answers to these procedures.

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