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Name and Birth Certificate Change in South Carolina

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  • 01-05-2011, 08:26 AM
    Ashs1987
    Name and Birth Certificate Change in South Carolina
    My question involves name change laws in the State of: South Carolina

    This is my situation. I got pregnant by (A), and when I saw that he was an unfit father, I decided to do it on my own. Then when I was 3 months along, my ex (B) decided that he would love to be with me and have the baby with me. So he went through the pregnancy with me, signed the birth certificate, and we gave her his last name. Now my daughter is a year old, he has kicked us out and I have decided once again to do it on my own. I want her to have my last name and to either have just me on the birth certificate, or to have her biological father on it. Preferably just me. What is my first step? Is this going to cost a fortune?
  • 01-05-2011, 08:53 AM
    Mr. Knowitall
    Re: Name and Birth Certificate Change in South Carolina
    If he's the father, he's the father - you're only going to get his name off of the birth certificate by virtue of an eventual step-parent adoption (assuming that you're eventually in a position to petition for step-parent adoption and he either consents or has been so neglectful in his parenting that a court can be convinced to terminate his rights).

    In terms of changing the child's name, you either need his consent or you need to convince a court that a name change is in the child's best interest such that the court changes the child's name over his objection.
  • 01-06-2011, 07:57 PM
    Ashs1987
    Re: Name and Birth Certificate Change in South Carolina
    He's not the biological father. He signed the birth certificate and we gave her his last name knowing he's not the father. Thats the whole point. We've broke up and he's not going to be in her life so I want her name and birth certificate changed.
  • 01-06-2011, 08:04 PM
    Dogmatique
    Re: Name and Birth Certificate Change in South Carolina
    Quote:

    Quoting Ashs1987
    View Post
    He's not the biological father. He signed the birth certificate and we gave her his last name knowing he's not the father. Thats the whole point. We've broke up and he's not going to be in her life so I want her name and birth certificate changed.



    But he's the LEGAL father (albeit via paternity fraud on both your parts). YOU can't do anything at this point. Biological father MAY be able to challenge paternity.
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