Legal Question in Family Law in Illinois

Name change for child under one year of age

My fiance had a child that is now 11 months old. The Biological father has since gone M.I.A. I have been with her for almost 2 years and we are getting married in the middle of next year. My question is can we change her name now to my last name or do we have to wait until we are married, and if we do have to wait, can my fiance change the baby's name now to her last name? I had heard that in Illinois the mother can go in to the court house and have the baby's name changed by filling out a simple form, is this true? The Biological showed up at the hospital and signed the birth certificate and has not been around or called since. Any advice on how to proceed from here??

Thank you,


Asked on 10/18/05, 10:16 pm

2 Answers from Attorneys

Michael Perez Law Office of Michael A. Perez

Re: Name change for child under one year of age

You cannot change the baby's name without a court order. You cannot change the baby's name without a compelling reason.

The good news is that once you are married you can petition the court to adopt this child and terminate the rights of the biological father. His lack of interest in the child is grounds for termination.

I can help you in the adoption process. My fee is generally between $1500 and $1750 for an uncontested case. The adoption court will not only change the baby's name but also change the birth certificate to remove the bio dad and to put your name in his place.

Please call me for a free consult or for further questions.

Michael A. Perez

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Answered on 10/18/05, 10:56 pm
Kirsten Becker Kirsten Becker, Attorney

Re: Name change for child under one year of age

You can file a name change petition which does have to go before a judge. Using the standard "the best interest of the child" the judge will decide if the name change is in the best interest of the child by having the mother and other witnesses testify. The timing is probably better after you get married since the judge may consider that fact in his/her determination of what is the best interest of the child. You also need to publish that the mother is petitioning to have the child's name changed by court order in your local paper once a week for three consecative weeks prior to the hearing. While you can change the baby's name that is not going to give you parental rights, or protect her interest in your estate. Have you considered adopting the child after you get married?

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Answered on 10/18/05, 11:31 pm


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