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Changing a Child's Name When the Father Cannot be Located

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  • 10-24-2013, 02:26 PM
    babygrrl01
    Changing a Child's Name When the Father Cannot be Located
    My question involves name change laws in the State of: Pennsylvania

    My husband and I would like to change the last name of my five year old child. I am totally confused on where to start and what to do.

    Here are the particulars:

    My daughter was born in NYC. We now reside in Pennsylvania.

    Her biological father (we were not married) is NOT listed on the birth certificate, however, my daughter has his last name. My husband is NOT her biological father.

    Here is the twist: Her biological father was an illegal alien who moved back to his country (Bolivia.) He hasn't had any contact with her since she was 18 months old.

    My questions:

    #1 - Do I file a name change petition in PA or NY? Is this something I do in civil court or the Supreme Court?

    #2 - How am I supposed to notify him? Do I even have to notify him?

    # Are there any other difficulties I will have to deal with (outside the norm) to get my daughters name changed, given that her father is not in this country and from a country that is not looked upon favorably by the US government?

    Thanks!!
  • 10-24-2013, 08:26 PM
    Mr. Knowitall
    Re: Changing a Child's Name When the Father Cannot be Located
    Why a name change, if your husband isn't interested in stepparent adoption? Or if he is, why not go in that direction?

    The child is domiciled in Pennsylvania, so you file there. If you want New York to record the change on the child's birth certificate, you will follow New York's requirements for documenting the court ordered name change to the department of vital records.

    You will attempt to notify the putative father by attempting to locate him and serve him with a copy of the petition. If your process server cannot locate him, you can petition the court to permit substituted service. His rights have nothing to do with the friendliness or unfriendliness of his nation of origin. Read this.
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