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How can I add the surname of my son's biological father in his birth certificate?

How can I add the surname of my son's biological father in his birth certificate?

Full question:

I want to add the surname of my son's biological father to his birth certificate. We were not married. He is not agreeing too. Can I sue in court?

Category: Vital Records
Subcategory: Birth Certificates
Date: 04/07/2025
State: Louisiana

Answer:

Yes, you can file a petition to the court. Upon filing the petition, if you could show a good cause, the court may order the state registrar to enter, as the surname of your son, a combination of the surname of the biological father and the maiden name or surname of you, even if the biological father does not agree.
The following are the statutes in this regard:

§ 40:46.9. Married mother physically separated from husband prior to and at time of birth.

A. If, following the birth of a child to a married woman, a birth certificate was prepared for the child in accordance with R.S. 40:34.2(2), if the husband and the mother of the child lived separate and apart continuously for one hundred eighty days prior to the time of conception of the child and did not reconcile since the beginning of the one hundred eighty-day period, and if the biological father of the child is a man other than the husband of the mother, then the birth certificate of the child may be amended so that the surname of the child is the maiden name of the mother, or, if the mother, her husband, and the biological father of the child agree, the surname of the child may be that of the biological father or a combination of the surname of the biological father and the maiden name of the mother. The Department of Health and Hospitals, office of public health, shall develop a form for the purposes of implementing this Section.
B. Upon the petition of the mother of the child, a court may, for good cause shown, order the state registrar to enter, as the surname of the child, the maiden name or surname of the mother or a combination of the surname of the biological father and the maiden name or surname of the mother, whichever she may choose, even if that man does not concur.

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

What are the steps to change a child's surname on a birth certificate?

To change a child's surname on a birth certificate, you typically need to file a petition in court. You will need to provide evidence supporting your request, such as the child's best interests or the biological father's relationship with the child. If the biological father does not agree, you may still proceed with the petition. After the court reviews your case, it may order the state registrar to amend the birth certificate accordingly. Be sure to check your state's specific requirements for the process.

Can a mother change her child's last name without the father's consent?

Yes, a mother can petition the court to change her child's last name even if the biological father does not consent. The court will consider the best interests of the child and may grant the name change if it finds good cause. It's important to follow the legal process in your state, which may include filing specific forms and attending a hearing.

What if the biological father is not listed on the birth certificate?

If the biological father is not listed on the birth certificate, the mother can still petition the court to add his surname. The court may allow this if it determines that it is in the child's best interests. However, the biological father may need to be legally acknowledged or establish paternity for the court to consider his surname.

What is the legal process for establishing paternity?

Establishing paternity typically involves either a voluntary acknowledgment by both parents or a court order. If both parents agree, they can sign a paternity acknowledgment form. If there's a dispute, either parent can file a paternity action in court, where DNA testing may be ordered to determine the biological father. Once paternity is established, the father's name can be added to the birth certificate.

Are there any costs associated with changing a child's name?

Yes, there are usually costs associated with changing a child's name, including court filing fees and possibly attorney fees if you hire legal representation. Additionally, there may be costs for obtaining certified copies of the amended birth certificate after the name change is granted. It's advisable to check with your local court for specific fee amounts.