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  1. #1
    Join Date
    Dec 2015
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    2

    Default 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.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Changing Child's Name to Biological Fathers

    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.

  3. #3
    Join Date
    Dec 2015
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    2

    Default Re: Changing Child's Name to Biological Fathers

    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?

  4. #4
    Join Date
    Jan 2006
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    Default Re: Changing Child's Name to Biological Fathers

    Searcher99 provided a link to online instructions and forms above.

  5. #5
    Join Date
    Feb 2016
    Location
    Omaha, Nebraska
    Posts
    1

    Default Re: Changing Child's Name to Biological Fathers

    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.

  6. #6
    Join Date
    Mar 2016
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    2,289

    Default Re: Changing Child's Name to Biological Fathers

    Quote 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.

    - - - Updated - - -

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

  7. #7
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Changing Child's Name to Biological Fathers

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

  8. #8
    Join Date
    Mar 2016
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    2,289

    Default Re: Changing Child's Name to Biological Fathers

    Quote Quoting Dogmatique
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    She's not talking about announcing a name; she's talking about service via publication.
    "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.

  9. #9
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Changing Child's Name to Biological Fathers

    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.

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