Legal Question in Family Law in North Carolina

Are you trying to change the name of the child or just have the father added to the child's birth certgificate? Either a legitimation petition or paternity action needs filed (and a new birth certificate will be issued) if you are trying to add the father's name. If you are changing the child's name totally then the father will have to consent.

See Chapter 49 or 101 of the NC General Statutes: http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0049 (for either legitimation or paternity) or http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0101 (for a name change).

If you are trying to change the name, many counties have a name change packet. If you are trying to do a legitimation or paternity, it would be best to see a family law attorney about that.