Full question:
Can I change my son's last name from his biological dad's to mine without his consent in Oklahoma? We were never married and he is not on the birth certificate.
- Category: Name Change
- Date:
- State: Oklahoma
Answer:
In Oklahoma, if the father's name is not listed on the birth certificate, you may petition to change your son's last name without his biological father's consent. However, if the father’s name is on the birth certificate, you must obtain a court order to remove it or change the name. When only one parent requests a name change for a minor, the other parent must be served with notice of the petition, and proof of this service must be filed with the court. The court order must specify the name change. If the father is a nonresident, you may provide constructive notice through publication (Oklahoma Statutes, Title 10, § 7505-6.1).
For a name change, you will need to file a petition with the court, and the process may involve a hearing. It’s advisable to consult with a legal professional for guidance on this process and to ensure compliance with all legal requirements.
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.