SPARC Forums

Ok,
my daughter's father died a while back and so I have been her father now for a while.
She is 7 and she told us she would like to have the same last name as us.
do you know how to change a child's last name?

You will have to petition the court for it.  This may depend on specific state statutes, but it's possible that you may have to adopt the child in order to get her name changed to yours.  Given the circumstances, your best bet would be to confer with an atty. to find out specifically what you need to do.

Bottom line for a child:  both parents have to give their approval in order to change the name of a child.  In this case, since the biological father has passed away, adoption may be the only way to go.  But only an atty. would be able to tell you for sure.

It depends on your state's specific laws and procedures.   As far as I know your choices are adoption, amend birth certificate, or a separate action/application to change name.   Our son was born out-of-wedlock in Texas.  We married later and then we amended (changed) his birth certificate for his surname to be mine.  We did that with the Dept. of Health's Bureau of Vital Statistics and their forms, and without any attorney or court involvement. I suggest you contact and ask your local county clerk (who often also records birth certificates), your state's Bureau of Vital Statistics (or equivalent), or an attorney.  Since the biological father is deceased you may not necessarily have to adopt.