Legal Question in Administrative Law in California

Re: Name change of a minor

There seem to be two possible approaches. Each has somewhat different downstream legal consequences (iheritance rights, etc.).

Probably the simpler way is to file a petition in Superior Court using the procedure outlined in Code of Civil Procedure Title 8, sections 1275 - 1278.5. These provisions cover name changes in general, but contain several requirements specific to children, including cases where one parent, although living, does not join in the petition. You could perhaps prepare and file the paperwork in pro. per., but it would be easier to get the assistance of a family law practitioner.

The other way to go is for your husband to adopt your daughter. This is somewhat more complex and has additional ramifications. You probably need an order depriving the birth father of his parental rights, which under the circumstances should be granted. By adoption, your daughter would gain the rights of inheritance from both of you the same as if he were her birth father. You would need attorney assistance as well as prior legal counseling as to the pros and cons, but it may be the way to go. Look at Family Code sections 8600 et seq., especially 8604 and 8606.