Changing My Daughter's Last Name Without Father's Consent

[acjmama]

My question involves name change laws in the State of: Washington

I want to change my daughter's last name to my husband's last name. Her biological father and I were never married and he isn't on the birth certificate and hasn't seen or done anything for her before she turned 1. He's in jail and we've lost any contact with each other for a long time. It says I need to try to contact him but how am I suppose to contact him if I don't even know where he's at, all I know is that he's in jail somewhere. Can I change my daughter's last name without the biological father's consent since he's not on the birth certificate?

[jk]

has the biological father ever been adjudicated to be the legal father?

Can I change my daughter's last name without the biological father's consent since he's not on the birth certificate?

Not being on the BC does not mean there wasn't some other action to adjudicate him to the the legal father.

is your last name the same as your husbands? How you asked your question is a bit odd if it is. Were you married to your current husband when you got pregnant for this child?

[acjmama]

My husband is not my daughters biological father. Her biological father is in jail and I was never married to him. I was not married to my husband when I was pregnant with my daughter. My husband is my first and only husband and we would like to change my daughters last name to his.

[jk]

expect to get turned down. You are generally required to seek permission from the father. Most courts also do not like what you are doing. It is kind of a back door adoption. It isn't a actual adoption but it tends to give the appearance of one. If your husband wants to be the father of your child, seek permission for him to adopt the child. Be warned; if you get divorced after that, the child is his as well as yours and he has every right as a legal father to seek custody. Along with that, the NCP will likely be paying child support to the custodial parent.