Legal Question in Family Law in Massachusetts
Birth Certifciate additional info.
I am 18 and my real dad died in an awful motorcycle accident many years ago when I was just a baby. My mom and dad have been divorced for years and both know. My mom is fine with my decision and I have not asked my father but what if he will not can I still do it? This is something I need and want my real last name. It means so much to me it is my identity of who I am :-(
2 Answers from Attorneys
Re: Birth Certifciate additional info.
You are an adult and you can petition a court to change your legal name and your father cannot really stop you from changing your name.
However, while this is an identity issue for you, you should think about what it will mean to your father. I assume you have a good relationship with him. I assume he adopted you and has taken responsibility for your support and college.
If none of this is the case, well then there is no real legal or familial issue.
If it is the case he has been and continues to treat you as his daughter, then ask yourself this question: Will your action hurt him deeply and in such a manner that your relationship will be effected permanently?
I am not suggesting you are wrong or your desire and issues are not real, I am suggesting you think carefully about your actions and its impact on others. One solution may be to change your middle name to your biological father's name and leave your current last name as-is. While the change may hurt your father's feelings it should not be seen as a rejection of him by you.
It is your life and your name, I wish you well regardless of what you do.
Re: Birth Certifciate additional info.
You should file a Petition for Name Change with the Probate and Family Court. If you would like representation, please do not hesitate to contact me.