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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default Changing a Child's Name - Father is Absent and Not on Birth Certificate

    My question involves name change laws in the State of: Maryland

    My son is 4, almost 5 and his biological father has been absent almost the entire time (has only seen him 3 times before he could walk).
    Currently his last name is that of his bio father but his name is listed on the birth certificate as "not listed" because he wasn't present at the birth. Paternity was never established. I want to change it to my name. I've never been married. So I guess my "maiden" name.

    I am planning to get married this year and am pregnant with my fiance's baby. This baby will have his father's last name. I want my 4 year old to have my last name because of confusion this may cause for him. I plan to hypenate my name. I have no idea where his father is. I have no numbers for any family members or friends. Will he still have to consent or do I still have to serve him? Also, if he is found do you think he will have any grounds to dispute it?

    Thanks.

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

    Default Re: Changing a Child's Name - Father is Absent and Not on Birth Certificate

    Read this (PDF). You need to either get consent or provide notice. If your process server cannot locate the putative father, seek the court's permission for substituted service.

    Given the facts you describe, I don't think you'll have a problem getting approval.

    Forms are here.

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