Changing a Child's Last Name to the Biological Father's Surname

My question involves name change laws in the State of: Nebraska.

Do you need to go through court proceedings to change your child's last name to her biological fathers? We are currently not married and I want her to have my last name but if we end up getting married can we just do a legal name change or does he have to adopt her?

His family is stating we would have to go through court proceedings if we don't hyphenate our last names so she has both. I would think as long as he is on the birth certificate then we could just do a name change.

Please help.

If you change the child's name it must go through the courts. It doesn't matter if you hyphenate the two names or just change it to a different single name.

Is there a legal father (that would be the man listed on the birth certificate or adjudicated to be the father through a court acton)?


if the bio father is also the legal father he would not have to adopt his own child. Whether you are married or not he is the legal father.

The Nebraska Supreme Court’s Committee on Self-Represented Litigation has provided printable online instructions and forms. Requirements include a court proceeding and giving notice in a local newspaper, so some expense is involved but probably you will be able to do everything without an attorney.

Yes, the bio father would also be the legal. We are having our daughter and we are not yet married. I just wanted to make sure he wouldn't have to adopt her.

I just didn't know if it would only be a name change or a court proceeding since he will be on the birth certificate.

Do you have to post in the local paper if changing the child's name to her biological father's last name?

Searcher99 provided a link to online instructions and forms above.

It sounds like the child isn't born yet, so it is as easy as choosing whatever name you want on the birth certificate. If you desire to change it after that you must institute a court proceeding to change the name. The biological father does not have to adopt the child because it is his to begin with, however the Court must order the name change pursuant to an application for the same. You may need to seek the assistance of an attorney to accomplish this.

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Quoting Mhazing

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Yes, the bio father would also be the legal. We are having our daughter and we are not yet married. I just wanted to make sure he wouldn't have to adopt her.

I just didn't know if it would only be a name change or a court proceeding since he will be on the birth certificate.

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Do you have to post in the local paper if changing the child's name to her biological father's last name?

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There is no requirement to post a birth or a name change in the announcement section of the newspaper. I know the paper in my area you have to pay to post announcements. If your daughter is not born yet, you put any name you want on the birth certificate. You do not have to be married to give her his last name either.

As stated you will have to go through the courts. I know of someone who found out the man who raised him until age 12 was not his biological father and when his mom tried to get his name changed to the biological father they could not do it without a second paternity test which they could not afford. So he changed his name when he turned 18.

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Quoting qwaspolk69

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There is no requirement to post a birth or a name change in the announcement section of the newspaper. I know the paper in my area you have to pay to post announcements. If your daughter is not born yet, you put any name you want on the birth certificate. You do not have to be married to give her his last name either.

As stated you will have to go through the courts. I know of someone who found out the man who raised him until age 12 was not his biological father and when his mom tried to get his name changed to the biological father they could not do it without a second paternity test which they could not afford. So he changed his name when he turned 18.

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She's not talking about announcing a name; she's talking about service via publication.

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Quoting Dogmatique

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She's not talking about announcing a name; she's talking about service via publication.

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"Do you have to post in the local paper if changing the child's name to her biological father's last name?"

To me it sounded like posting it as an announcement. Sorry - I have never seen anyone make any post in a local paper about changing a name or even service via publication.

Then you haven't read a lot about the law.

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Quoting Ohiogal

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Then you haven't read a lot about the law.

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I am not exactly sure why you need to respond so curtly. I simply stated that I had never seen any such posting in a newspaper. That is all.

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Quoting qwaspolk69

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I am not exactly sure why you need to respond so curtly. I simply stated that I had never seen any such posting in a newspaper. That is all.

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And all OG did was simply state that it's obvious you don't read much about the law. Otherwise you wouldn't have needed an explanation. Yes? Yes.

(I still don't think you know the difference between a legal notice being published and a birth/name announcement)

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Quoting Dogmatique

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And all OG did was simply state that it's obvious you don't read much about the law. Otherwise you wouldn't have needed an explanation. Yes? Yes.

(I still don't think you know the difference between a legal notice being published and a birth/name announcement)

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I didn't think I was being curt. But okay. I am Curt. Call me that from now on. Usually such publications for legal notices are in the LEGAL NEWS papers for the county. Not in regular newspapers. But yeah... still holding with qwaspok69 doesn't read much about the law. And my name apparently is Curt.

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Quoting Ohiogal

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I didn't think I was being curt. But okay. I am Curt. Call me that from now on. Usually such publications for legal notices are in the LEGAL NEWS papers for the county. Not in regular newspapers. But yeah... still holding with qwaspok69 doesn't read much about the law. And my name apparently is Curt.

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I did not call you "Curt." I simply asked why you responded so curtly. Perhaps I may have used the word abruptly. I never stated that I did read much about the law and I did apologize for the mistake. So, again, I am not understanding why you are being so abrupt with me in my response. I did reply that I had never seen such a thing and acknowledged my confusion. Yes I do understand the difference in a legal notice and birth/name announcement after it was stated as such.

I also have not ever seen legal newspapers in counties I have lived in. I am not saying they do not exist but in smaller areas all legal announcements I have ever seen have been in the court section of the newspapers. Again, this is in smaller towns.

I have noticed other posts you have made when people are simply asking for assistance and you give abrupt, and at times rude, answers. I really see no reason for such responses from anyone when people are coming to a forum that is titled Expert Law - Help With Your Legal Questions.

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Quoting Ohiogal

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I didn't think I was being curt. But okay. I am Curt. Call me that from now on. Usually such publications for legal notices are in the LEGAL NEWS papers for the county. Not in regular newspapers. But yeah... still holding with qwaspok69 doesn't read much about the law. And my name apparently is Curt.

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Hey Curt!

Hi Free9man!

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Quoting free9man

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Hey Curt!

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Quoting qwaspolk69

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I did not call you "Curt." I simply asked why you responded so curtly. Perhaps I may have used the word abruptly. I never stated that I did read much about the law and I did apologize for the mistake. So, again, I am not understanding why you are being so abrupt with me in my response. I did reply that I had never seen such a thing and acknowledged my confusion. Yes I do understand the difference in a legal notice and birth/name announcement after it was stated as such.

I also have not ever seen legal newspapers in counties I have lived in. I am not saying they do not exist but in smaller areas all legal announcements I have ever seen have been in the court section of the newspapers. Again, this is in smaller towns.

I have noticed other posts you have made when people are simply asking for assistance and you give abrupt, and at times rude, answers. I really see no reason for such responses from anyone when people are coming to a forum that is titled Expert Law - Help With Your Legal Questions.

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Because I am an attorney that is extremely busy and I don't have time to be all sweetness and light and say, "I am so so sorry but you need to understand that there are legal news establishments in every county that publish legal notices even if the common layperson doesn't read them or subscribe. I am also sorry that you have not read a lot about the law and understand the legal requirements when someone wants to change a name and how that works or what the rules (local and civil) as well as the statutes require for not just service but to change the name. Forgive me for having more knowledge than you and getting it and trying to help while being so sickingly sweet polite that I give myself cavities while I try to give you the education on the law that it took me several years and thousands of dollars to obtain."

Happy now?

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Quoting Ohiogal

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Hi Free9man!



Because I am an attorney that is extremely busy and I don't have time to be all sweetness and light and say, "I am so so sorry but you need to understand that there are legal news establishments in every county that publish legal notices even if the common layperson doesn't read them or subscribe. I am also sorry that you have not read a lot about the law and understand the legal requirements when someone wants to change a name and how that works or what the rules (local and civil) as well as the statutes require for not just service but to change the name. Forgive me for having more knowledge than you and getting it and trying to help while being so sickingly sweet polite that I give myself cavities while I try to give you the education on the law that it took me several years and thousands of dollars to obtain."

Happy now?

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Hey Curt, do you ever hear from Oh Sweetness? ;) :D :p

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Quoting Ohiogal

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I didn't think I was being curt. But okay. I am Curt. Call me that from now on. Usually such publications for legal notices are in the LEGAL NEWS papers for the county. Not in regular newspapers. But yeah... still holding with qwaspok69 doesn't read much about the law. And my name apparently is Curt.

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Nice to meet you, Curt. Are you going to post the new name or is it a nickname? I've always thought of your nickname to be "Oggie" myself. :friendly_wink:

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Quoting Dogmatique

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Hey Curt, do you ever hear from Oh Sweetness? ;) :D :p

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OhSweetness melted when it rained one day. Too much sugar... but maybe if she dries out she will post again someday :)

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Quoting Cocoabean

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Nice to meet you, Curt. Are you going to post the new name or is it a nickname? I've always thought of your nickname to be "Oggie" myself.

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Thanks for the friendliness. I usually go by OG. But Oggie works.

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Quoting Ohiogal

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OhSweetness melted when it rained one day. Too much sugar... but maybe if she dries out she will post again someday :)



Thanks for the friendliness. I usually go by OG. But Oggie works.

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Thanks for the info on Sweetness' condition, Curt!

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Quoting Ohiogal

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Hi Free9man!



Because I am an attorney that is extremely busy and I don't have time to be all sweetness and light and say, "I am so so sorry but you need to understand that there are legal news establishments in every county that publish legal notices even if the common layperson doesn't read them or subscribe. I am also sorry that you have not read a lot about the law and understand the legal requirements when someone wants to change a name and how that works or what the rules (local and civil) as well as the statutes require for not just service but to change the name. Forgive me for having more knowledge than you and getting it and trying to help while being so sickingly sweet polite that I give myself cavities while I try to give you the education on the law that it took me several years and thousands of dollars to obtain."

Happy now?

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Again I apologize for offending you somehow but if you are so busy why are you on this forum? People just come here for help and obviously do not have a lot of legal experience if they are coming here. Many are pretty desperate to find information. So I do not feel you need to be rude to many people who are simply asking questions.

I hope you do not treat clients so abrasively.

I posted on here because of a friend who did have an experience changing his last name and grew up in Nebraska but lived in South Dakota when he changed his name. That is why I posted. I do not think it is unreasonable that most people do not know these publications exist. As a lawyer, you could have simply educated on this subject instead of being so rude. That is all I was stating.

No one asked you to educate them on the entire legal system either. But you did sign up on a public forum that is entitled "Legal Help." If you cannot handle some questions people ask or realize that some people are not as 'intelligent' as you are, then perhaps you should ignore some questions.

I am done now. Apologies for offending you with my comments.

You entered this thread because you didn't understand a question the OP asked, and you have done little more than bicker with the site's volunteers since they correct you. If people get curt with you when you convolute their efforts to help others, by posting about things you don't understand, all I can say is "deal with it."

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Quoting Mr. Knowitall

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You entered this thread because you didn't understand a question the OP asked, and you have done little more than bicker with the site's volunteers since they correct you. If people get curt with you when you convolute their efforts to help others, by posting about things you don't understand, all I can say is "deal with it."

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I do not see how I am bickering. I apologized for not understanding after it was clarified and was given further harsh responses that were childish and unnecessary. I do not see how I "convoluted" any efforts to help someone else out.

I simply pointed out that one person seems to respond to multiple people harshly and usually for no reason at all when all they want is assistance. She stated she is extremely busy as a lawyer but yet she is posting on here and condescending people who came to a forum about legal help looking for legal help.

I have read through a lot of different threads and seen other people call her out on this behavior. I am not sure if you are friends outside this forum or what is going on but there was and is no need to tear people down for simply asking questions or if they do not understand things. I am sure I can guarantee even the so-called experts on this forum do not know every single aspect of every single law in this country.

I have apologized multiple times for my lack of understanding and if I offended anyone and likely did not need to but I did. There is no more need to continue with this. If people have a hard time assisting someone else, they probably should not be on a public forum specifically for helping people.

You seem to have a difficult time understanding what others are asking in this forum and assisting them with relevant information. Ponder that for a while.

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Quoting Mr. Knowitall

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You seem to have a difficult time understanding what others are asking in this forum and assisting them with relevant information. Ponder that for a while.

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To each his or her own. I have provided relevant information in other threads, however. I did admit to being wrong in this thread. I do not know why there is a continuation on pointing that out or doing it so rudely. That was all I stated. Again I apologized - let us move on.

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Quoting qwaspolk69

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If people have a hard time assisting someone else, they probably should not be on a public forum specifically for helping people.

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That's what we're trying to tell you ...

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Quoting Dogmatique

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That's what we're trying to tell you ...

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Perhaps someone needs to tell some of you this also.

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Quoting qwaspolk69

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Perhaps someone needs to tell some of you this also.

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Now now. You just did an awesome post a bit further up. Don't ruin the day. :cool: