Full question:
If an unmarried woman has a baby and assigns the child her surname prior to the establishment of paternity, can the surname of the father be reassigned to the child by the courts once paternity has been legally established?
- Category: Paternity
- Date:
- State: Alaska
Answer:
An order for a name change of a child isn't granted automatically upon a finding of paternity. However, a finding of paternity may be used as the basis for a petition for a name change of a minor. The other parent must be given notice and allowed to appear at a name change hearing if they don't consent to the name change. If the other parent objects to the name change, it will be a matter for the court to determine whether a name change is in the best interrest of the minor.
The following is an Alaska statute:
09.55.010. Jurisdiction in action for change of name.
A person may bring an action for change of name in the superior court. A
change of name of a person may not be made unless the court finds
sufficient reasons for the change and also finds it consistent with the
public interest. A change of name upon marriage, dissolution, or divorce
meets these requirements.
The following is an Alaska Rule of Civil Procedure:
RULE 84. Change of Name.
(a) Petition. Every action for change of name shall be commenced by
filing a verified petition entitled in the name of petitioner, showing
the name which petitioner desires to adopt and setting forth the reasons
for requesting a change of name.
(b) Notice of Application. The court by order shall set a date for
hearing not less than 40 days after the date of the order. Notice of the
filing of the petition with a statement of the relief sought therein and
the date of hearing thereon shall be published in a newspaper designated
by the court as being the publication most likely to give appropriate
notice under the circumstances. Publication of the notice shall be made
once each week for 4 consecutive calendar weeks prior to the date of the
hearing. In its discretion, the court by order may also require the
posting of the notice at such place or places, in designated communities
as may be appropriate. Proof of publication shall be made as prescribed
in Rule 4(e)(5). Proof of posting shall be made by affidavit.
(c) Judgment — Notice — Filing. If satisfied that there is no
reasonable objection to the assumption of another name by petitioner, the
court shall by judgment authorize petitioner to assume such other name
after a time to be fixed in the judgment, which shall not be less than 30
days after the date shown in the clerk's certificate of distribution on
the judgment. Within 10 days after the date shown in the clerk's
certificate of distribution on the judgment, a copy thereof shall be
published once in the newspaper designated by the court under the
provisions of subdivision (b). The court may also require the posting of a
copy of the judgment as provided in subdivision (b). Within 20 days after
the date shown in the clerk's certificate of distribution on the
judgment, proof of publication and of any posting shall be filed with the
clerk. The petitioner may then submit a certificate to be issued by the
clerk stating that the judgment has been entered and that all
requirements for posting a copy of the judgment have been met.
(d) Applicability. This Rule shall not apply to restoration of a prior
name sought in a complaint for divorce or in a petition for dissolution
of marriage.
(e) Change of Name for Minor Child. An action for change of name for a
minor child will be commenced by the filing of a verified petition in the
name of a parent or guardian on behalf of the minor child, showing the
name which the petitioner desires the child to assume and setting forth
the reasons for requesting the change of name. No petition will be heard
unless written consent to the petition is filed by both the child's legal
parents and the child's legal guardian (if any), or unless proof of
service is filed with the court showing that the child's parent(s) and
legal guardian(s) have been served with a summons and a copy of the
petition at least 30 days prior to the date set for hearing. Service of
the petition and summons will be in accord with the provisions of these
rules applicable to the service of a complaint and summons. The summons
must advise the recipient of the date set for hearing on the petition.
If the court receives an objection to the proposed name change
presented by a parent and/or legal guardian of the child prior to or at
the time of the hearing on the proposed name change, the court shall
consider the objection and shall only grant the name change if the court
finds the name change to be in the best interest of the child. The court
shall also consider the desires of a child old enough to express the same
in determining whether a requested name change will be granted.
The requirements of (b) and (c) of this Rule apply to a change of name
proceeding brought under this section.
Please see the information at the following links:
http://definitions.uslegal.com/p/paternity/
http://definitions.uslegal.com/n/name-change/
http://lawdigest.uslegal.com/paternity/general/6644/
http://lawdigest.uslegal.com/name-change/general/120/
Please see the forms at the following links:
http://www.uslegalforms.com/changeofname/alaska-name-change.htm
http://www.uslegalforms.com/paternity/alaska-paternity-forms.htm
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-AK-B-paternity
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
