Can I Change My Child's Name in New York Without the Father's Consent?

Full question:

My child is 5 months old and his biological father is on the birth certificate and the child has his fathers last name. I would like to change his last name to mine considering the fact that the father suffers from the depression and anxiety is never there for the child and would not even let me get the passport for the baby. I have two questions: can I legally change the whole name of the child without the consent of parent considering the fact that he is not a normal person and that we are not together? Is there any way to take him off the birth certificate and how?

• Category: Name Change
• Date: 04/07/2025
• State: New York

Answer:

In order to remove the father from the birth certificate, a paternity action would need to brought to prove he isn't the biological father. The petition to change the name of a minor may be made by the minor through his next friend, or by either of his parents, or by his general guardian, or by the guardian of his person. The other parent must be given notice and has an opportunity to object to the name change at the hearing. It will be a subjective matter for the court to decide whether there is a reasonable objection to the name change. The court must believe you are not asking to change the minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.

A child name change can be done in Family Court. The petition is filed in the County Court or the Supreme Court of the county where you reside. The other parent must be given notice and has an opportunity to object to the name change at the hearing. It will be a subjective matter for the court to decide whether there is a reasonable objection to the name change. If the other parent resides in another state, then the notice must be sent by registered mail to his last known address. If the court is satisfied that, despite diligent efforts, the parent cannot be located, then the court may dispense with notice or require notice to be given to him in such manner as the court thinks proper, such as notice by publication in a newspaper.

The court must believe you are not asking to change your name or your minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.

To determine whether a name change is in a child’s best interests, the court examines several factors, including the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.