Legal Question in Family Law in Louisiana
Hello,
My daughter has my last name and her biological father has never really been in her life. She is 7 yrs old and has only seen him maybe 5 times. He was ordered to pay child support in 2003, but never did. He is not on her birth certificate or any paperwork. I will be getting married and would like to change her last name to my husband's. Is there any way that I can do this without having to deal with the biological father?
1 Answer from Attorneys
Only if you lie to a court of law. Why not simply do an intrafamily adoption after you are married and then not only will the child have your husband's last name, but will be in all ways his daughter as if born of your and his marriage, including inheriting from him, and he from her? Since just to change the name on the birth certificate would require contacting the child's father, you might as well go adoption. If he has not paid in 6 years and has not been in her life, then his consent to the adoption is not necessary, and should he wish to fight it, he would have to prove he was always ready, willing and able to support and be a part of her life and you denied him his rights. Very hard to do. When it is all over, a new birth certificate will be issued showing you as the mom and your husband as the dad, and she will have your husband's last name.