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  1. #1
    Join Date
    Aug 2011
    Location
    Texas
    Posts
    15

    Default Changing Last Name on Birth Certificate

    My question involves name change laws in the State of: Texas
    When I found out I was pregnant I did tell the father, and he said "what do you want me to do about it" and then he went to jail, and I moved on. I gave my son who is now 3 years old, the new boyfriends last name, thinking he was going to be there for us, wrong! There is no father on the birth certificate, and that loser is in jail too, what do I need to do to change his last name to my maiden name? I definetly don't want him to have the last name of someone who isn't even his father and is a criminal! What kind of forms do I need or do I have to get an Attorney?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Changing Last Name on Birth Certificate

    When you say "I gave my son ... the new boyfriends last name" do you mean that there's no father identified on the birth certificate but the child shares the boyfriend's name, or do you mean that you put false information on the affidavit of paternity such that the new boyfriend is recorded as the child's father?

  3. #3
    Join Date
    Aug 2011
    Location
    Texas
    Posts
    15

    Default Re: Changing Last Name on Birth Certificate

    There is no father on the birth certificate, the boyfriends (now ex-boyfriend) last name is on his birth certificate. When I did that, the lady who brought in the papers said that I could put any last name on there and I could change it until he was 4 years old, that is the only reason I went did that, I wasn't thinking about the long-term affects. There is no paternity saying anyone is the father.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing Last Name on Birth Certificate

    Changing the last name is different than changing the father. There's no way to add/change the father without a paternity determination.

    You apparently were told wrong. Last name changes (other than spelling errors) take a court order.

  5. #5
    Join Date
    Aug 2011
    Location
    Texas
    Posts
    15

    Default Re: Changing Last Name on Birth Certificate

    Can I amend the birth certificate? Will I need to get an attorney in order to get papers filed?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Changing Last Name on Birth Certificate

    As I told you, you can amend the birth certificate, but if it is a change of the last name you need the COURT ORDER with the name change FIRST before they'll accept the amendment application.

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