Legal Question in Family Law in Georgia

How do I change my sons last name to mine...My husband and I were not married at the time he was born and he MIGHT not be his biological father...Can we still put him on the birth certificate and not be fined? I had someone tell me that he could get fined up to 1,000 dollars if the other guy wanted to press the issue.


Asked on 2/19/13, 6:46 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If he's not the father committing fraud is not the way to fix things.

Do two things. The first is a paternity test. If he is the father, then you can petition for a name change and to amend the birth certificate in superior court.

If he's not the father, your husband may be able to do a step parent adoption.

Either way you need a lawyer.

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Answered on 2/19/13, 7:46 am
Tahira Piraino Tahira P. Piraino

I agree you need a DNA test. If your husband is the biological father you can file a petition to amend the birth certificate. Vital Records will not amend a birth certificate without a court order. If your husband is not the father, you cannot simply add him to the birth certificate as he is not the biological father. If your husband is not the biological father, you can do a stepparent adoption. You need to consult with an attorney before moving forward with either decision.

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Answered on 2/19/13, 1:24 pm


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