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Changing my daughters surname to her step fathers?

Hi I am to be married very soon and I have decided that I will change my name to that of my husband. I have an almost two year old daughter by my ex. Now can I change my daughters surname from mine to my husbands. She has my surname not her fathers but he is on the birth certificate. Can I do this without the consent of her biological father as he hasn't seen her for a long time and has no intrest in her at all since we seperated about a year and a half ago?

Update:

What I didn't explain is her biological father and me were never married. He is an illegal immigrant from India who the police are also looking for I have no idea where he is living at the moment. My soon to be husband is a student on a visa does any of this change anything?

2 Answers

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  • 9 years ago
    Favorite Answer

    You'd have to petition the court for a legal name change, and you cannot do it without involving her father. At the very least he would have to be notified and given an opportunity to contest it (and if he contest it, it will not be allowed).

    My advice--don't do it. If this relationship ends too (like the previous one), then what you are you going to do?

  • 9 years ago

    .You can't change the details on a birth certificate.However if your new husband agrees to adopt this child.Then legally you can call your daughter by your new name.IE the family name

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