Legal Question in Family Law in Georgia

How To Change Daughter's Name

My daughter is 3 years old. Her biological father and I were never married. He is on the birth certificate and she does have his last name. He has never had any contact with her though. How can I change her last name to my last name, I am remarried, without costing me a lot of money. Even if my husband wants to adopt her, could we do it ourselves? Her (BF) said he would sign papers if he had to.


Asked on 8/23/03, 8:22 am

1 Answer from Attorneys

Stephen Worrall The Manely Firm, P.C.

Re: How To Change Daughter's Name

You have indicated that the father is willing to sign papers to consent to the name change (and perhaps the adoption as well?). That is fortunate, because without consent of the father, surprisingly, it is more difficult under Georgia law to change a child's name (requires 5 years of abandonment vs 1 year for adoption) than it is for a stepparent adoption (which usually results in the name change as well). It sounds as if you would meet the criteria for a stepparent adoption even without the father's consent (he would still need to be given legal notice and the opportunity to object) if your husband (and you) were agreeable for him to adopt your daughter. If all you are wanting to do is change the name, though, that may be simple enough to do without an attorney if you complete all the papers correctly. As for the adoption, though, I would definitely recommend you have an attorney.

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Answered on 8/23/03, 9:57 am


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