Legal Question in Family Law in Florida

Name Change

My 8 month old daughter and I share my maiden name. I am getting married in 3 weeks to someone other than her biological father. There is not a father on her birth certificate. Her biological father is not in the picture. He has never seen her or asked about her. How do I go about putting my new husband on her birth certificate and changing her last name?


Asked on 8/29/07, 8:51 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Name Change

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You cannot simply put the new father's name on the child's birth certificate. The biological father has the same parental rights as to the child as you do. You may need a court order to accomplish what you seek. Alternatively, you can ask the biological father to relinquish his parental rights which would open the door to the new husband adopting your daughter, if desired.

Scott R. Jay, Esq.

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Answered on 8/29/07, 9:24 pm


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