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Name Change
Does my New Husband need to Adopt My Child to Have the Child's Name Changed to His?

Does my New Husband need to Adopt My Child to Have the Child's Name Changed to His?

Q: Does the father on a birth certificate have to be biological?

In Louisiana, a father listed on a birth certificate is presumed to be the legal father, even if he is not the biological father, unless paternity is contested. However, if the father is not biological, he may need to adopt the child to establish legal rights and responsibilities. Legal advice is recommended in such situations.

Q: Does a child automatically get the father's last name?

No, a child does not automatically get the father's last name. If the parents are married, the child usually receives the father's last name. If they are not married, the child typically receives the mother's last name unless the father establishes paternity and requests a name change.

Q: Do babies automatically get their father's last name?

Babies do not automatically get their father's last name. If the parents are married, the child usually takes the father's last name. If they are unmarried, the child typically receives the mother's last name unless the father acknowledges paternity and requests otherwise.

Full question:

Mother and father of a child get married after the child is born. The father is listed on the birth ceritificate but the child was given the mother's last name before they got married. Does the father have to adopt his own child or can they just have the child's name changed for a fee? This is in the State of Louisiana.

Category: Name Change
Date: 04/07/2025
State: Louisiana

Answer:

It is possible that a judge will grant a name change without adopting the child, based upon the marriage of the parents. In Louisiana, a petition for a name change, explaining the reason for the requested change, must be filed in the district court of the parish of your residence, the parish of your birth, or the parish of venue for the Vital Records Registry. The judge will have a hearing in order to determine that the reason for the name change isn't for an improper purpose, such as to defraud creditors.
Typically, both parents must consent to the name change of a minor, however, Louisiana law has an exception to consent if the parent has failed to pay support, visit,or communicate with the child.
The following is a LA statute:

If the person desiring such change is a minor or if the parents or parent or the tutor of the minor desire to change the name of the minor:

(1) The petition shall be signed by the father and mother of the minor or by the survivor in case one of them be dead.
(2) If one parent has been granted custody of the minor by a court of competent jurisdiction, the consent of the other parent is not necessary if the other parent has been served with a copy of the petition and any of the following exists:

(a) The other parent has refused or failed to comply with a court order of support for a period of one year.

(b) The other parent has failed to support the child for a period of three years after judgment awarding custody to the parent signing the petition.

(c) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years.

(d) Repealed by Acts 2001, No. 555, § 1.

(3) In case the minor has no father or mother living, the petition shall be signed by the tutor or tutrix of the minor and in default of any tutor or tutrix, shall be signed by a special tutor appointed by the judge for that purpose.

(4) The petition may be signed by either the mother or the father acting alone if a child has been given a surname which is different from that authorized in R.S. 40:34(B)(1)(a).

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.

FAQs

Whose last name does the baby get if parents are not married?

If parents are not married, the baby typically receives the mother's last name unless the father acknowledges paternity and requests the child to have his last name. In Louisiana, if the father is listed on the birth certificate, he can petition for the child's last name to be changed to his, but this may require the mother's consent unless certain conditions are met (La. Stat. § 9:3).

Can a child born out of wedlock take the father's last name?

Yes, a child born out of wedlock can take the father's last name if paternity is established. This can be done by the father signing an acknowledgment of paternity or through a court order. In Louisiana, if the father is on the birth certificate, he may also petition to change the child's last name to his, subject to legal requirements (La. Stat. § 9:3).

Does the father on a birth certificate have to be biological?

Does a child automatically get the father's last name?

Can you give a baby the father's last name without his consent?

In Louisiana, you generally cannot give a baby the father's last name without his consent if he is listed on the birth certificate. However, if paternity is established and the father does not participate in the child's life, the mother may have grounds to petition for a name change without his consent under certain conditions (La. Stat. § 9:3).