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Can You Change the Name of an Infant With No Legal Father

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  • 03-22-2015, 04:44 PM
    Selina123
    Can You Change the Name of an Infant With No Legal Father
    My question involves name change laws in the State of: Washington.. My daughter is 4 months old and her father is not on the birth certificate. Am I allowed to change her name? Without charge?
  • 03-22-2015, 05:17 PM
    CourtClerk
    Re: 4 Month Baby
    You're going to need a court order to change her name. That costs money. You're also going to have to notify the child's father.
  • 03-22-2015, 05:28 PM
    Mercy&Grace
    Re: 4 Month Baby
    CourtClerk, does Washington State Law state that the father has to be notified if the name is not on the birth certificate ?

    Selina123, you can contact legal aid and see if they will take the case. But, I wouldn't hold my breath. THe court will have to agree to the name change, then it will be up to you to file those documents with your state to cahnge the birth certificate. You will also need to change the childs name on their social security card with SSA. You will have to wait until you get the amended birth certificate to change the ss number.
  • 03-22-2015, 05:52 PM
    CourtClerk
    Re: 4 Month Baby
    Quote:

    Quoting Mercy&Grace
    View Post
    CourtClerk, does Washington State Law state that the father has to be notified if the name is not on the birth certificate ?

    I was very clear about notifying the father of the child.
  • 03-22-2015, 06:23 PM
    Mercy&Grace
    Re: 4 Month Baby
    Washington State Law requires a father be notified before a name change when the father is not on the birth certificate ? That is interesting ? Since the father isn't listed any place, I guess someone could lie about being the childs father. Although that could bring up child support issues.
  • 03-22-2015, 06:54 PM
    Dogmatique
    Re: 4 Month Baby
    Yeah, up here in WA we're kind of protective when it comes to father's rights even if they're not listed as the father.

    https://www.courts.wa.gov/court_rule...trictdisgnt165

    And specifically

    Quote:

    Unless one of the minor’s birth parents is deceased (in which case a copy of the certificate of
    death is required), both birth parents must consent to changing the minor’s name. You
    must present the minor’s birth certificate to the clerk when filing for the name change.
    Whether or not both parents are listed on the minor’s birth certificate, each birth parent must
    consent to the name change
    . Consent must be in the form of a notarized affidavit similar to
    the form of Affidavit of Consent to Name Change of Minor by Birth Parent which you may
    obtain from the clerk or the courts web page.
    Note the bolded.
  • 03-22-2015, 07:01 PM
    CourtClerk
    Re: 4 Month Baby
    I venture to guess just about every state requires parental notification. CA goes a step further if you want to play I can't find my baby daddy. It's ridiculous the hoops you then have to go through. In the end, most of them mysteriously find their baby daddy.
  • 03-22-2015, 07:07 PM
    Mercy&Grace
    Re: 4 Month Baby
    Dogmatique, Thanks.

    CountyClerk, Louisiana doesn't. If the fathers name isn't on the birth certificate, they don't have to be notified when changing the childs name.
  • 03-22-2015, 07:14 PM
    Dogmatique
    Re: 4 Month Baby
    LA isn't WA.... but here's LA anyway.

    Quote:

    The following is a LA statute:

    If the person desiring such change is a minor or if the parents or parent or the tutor of the minor desire to change the name of the minor:

    (1) The petition shall be signed by the father and mother of the minor or by the survivor in case one of them be dead.
    (2) If one parent has been granted custody of the minor by a court of competent jurisdiction, the consent of the other parent is not necessary if the other parent has been served with a copy of the petition and any of the following exists:
    (a) The other parent has refused or failed to comply with a court order of support for a period of one year.
    (b) The other parent has failed to support the child for a period of three years after judgment awarding custody to the parent signing the petition.
    (c) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years.
    (d) Repealed by Acts 2001, No. 555, § 1.
    (3) In case the minor has no father or mother living, the petition shall be signed by the tutor or tutrix of the minor and in default of any tutor or tutrix, shall be signed by a special tutor appointed by the judge for that purpose.
    (4) The petition may be signed by either the mother or the father acting alone if a child has been given a surname which is different from that authorized in R.S. 40:34(B)(1)(a).
    Notification is required.
  • 03-22-2015, 07:22 PM
    Mercy&Grace
    Re: 4 Month Baby
    Sorry for not clarifying. "(c) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years"
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