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Is It Possible for My Twins' Sperm Donor to Be Able to Legally Change Their Last Name

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  • 08-19-2009, 04:58 PM
    margaretjfelix914
    Is It Possible for My Twins' Sperm Donor to Be Able to Legally Change Their Last Name
    My question involves name change laws in the State of: Florida

    I am inquiring to find out if it is possible for my childrens sperm donor(father) my ex to be able to change their last name to his without my consent? I have 5 mo twins and they currently have my last name because, he tried to deny them before they were even born. He has not done anything for them. He told me that he is going to change their last name to his because they have mine and we werent married when they were concieved nor when they were born(obviously so). He hasnt paid me child suppport, we are currently in the process for child support. I am their sol-supporter and have taken care of them from day 1 and he has not. Also, he did not sign their birth certs. because they have my last name. Is there any type of legal ground that he has to be able to change their last name?:confused:

    Thank you for your time.
  • 08-20-2009, 05:09 AM
    LawResearcherMissy
    Re: Is It Possible for My Twins Sperm Donor to Be Able to Legally Change Their Last N
    Has he been legally established as the father, either through acknowledgment of paternity or DNA testing?

    If so, he can certainly petition the court to have his name added to that of the child, but he doesn't have any standing to simply have the child's name changed over and above your objections.

    The courts will typically add the father's name as a hyphenated name, if it finds it in the best interest of the child to do so.
  • 08-21-2009, 05:17 PM
    Xena
    Re: Is It Possible for My Twins' Sperm Donor to Be Able to Legally Change Their Last
    Quote:

    Quoting margaretjfelix914
    View Post
    My question involves name change laws in the State of: Florida

    I am inquiring to find out if it is possible for my childrens sperm donor(father) my ex to be able to change their last name to his without my consent? I have 5 mo twins and they currently have my last name because, he tried to deny them before they were even born. He has not done anything for them. He told me that he is going to change their last name to his because they have mine and we werent married when they were concieved nor when they were born(obviously so). He hasnt paid me child suppport, we are currently in the process for child support. I am their sol-supporter and have taken care of them from day 1 and he has not. Also, he did not sign their birth certs. because they have my last name. Is there any type of legal ground that he has to be able to change their last name?:confused:

    Thank you for your time.

    Once he has been declared the legal father the legal ground that he has for petitoning for a name change is that he is the father with rights.

    Petitioning for something, and winning are 2 different things. However, given the very young age of your children, it is more likely that a Judge would order a name change. The best thing to do in that situation would be if you are willing to agree, or to have the names hyphenated- mom's name-dad's name.

    BTW- he is not a sperm donor, he is the father- big difference inthe two. especially when the father is apparently wanting to be a part of his 5 month old children's lives. You and him will need to get along for the next 18 yrs or so for your children's sakes, so you really should begin that now by calling him the father rather than the sperm donor.
  • 08-23-2009, 12:45 PM
    margaretjfelix914
    Re: Is It Possible for My Twins' Sperm Donor to Be Able to Legally Change Their Last
    Quote:

    Quoting Xena
    View Post
    Once he has been declared the legal father the legal ground that he has for petitoning for a name change is that he is the father with rights.

    Petitioning for something, and winning are 2 different things. However, given the very young age of your children, it is more likely that a Judge would order a name change. The best thing to do in that situation would be if you are willing to agree, or to have the names hyphenated- mom's name-dad's name.

    BTW- he is not a sperm donor, he is the father- big difference inthe two. especially when the father is apparently wanting to be a part of his 5 month old children's lives. You and him will need to get along for the next 18 yrs or so for your children's sakes, so you really should begin that now by calling him the father rather than the sperm donor.

    he doesnt want to be apart of their lives he just wants to mess with me. And he has admitted he doesnt want to be in their lives because they do not have his last name.

    Quote:

    Quoting LawResearcherMissy
    View Post
    Has he been legally established as the father, either through acknowledgment of paternity or DNA testing?

    If so, he can certainly petition the court to have his name added to that of the child, but he doesn't have any standing to simply have the child's name changed over and above your objections.

    The courts will typically add the father's name as a hyphenated name, if it finds it in the best interest of the child to do so.

    yes he has been legally established by DNA testing, also I dont think it would be in the best interest of them to have his last name because he doesnt care about them.
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