Does the father need to adopt his child after marriage for a name change?

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.

Answer:

A judge in Louisiana may allow a name change without requiring the father to adopt the child, especially since the parents are now married. To change the child's name, a petition must be filed in the district court of the parish where you live, where the child was born, or where the Vital Records Registry is located. The judge will hold a hearing to ensure the name change is not for an improper purpose, such as fraud.

Typically, both parents must agree to the name change for a minor. However, Louisiana law allows for exceptions if one parent has not paid child support, visited, or communicated with the child. According to Louisiana law, if a minor's name is different from what is authorized, either parent can sign the petition alone. If one parent has custody, they do not need the other parent's consent if they have served them with the petition and certain conditions are met, such as failure to pay support for a year or lack of communication for two years (La. Stat. § 9:3).

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

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).

Sign in with Google
Sign in with Google