Legal Question in Family Law in Oregon

legal name change for minor

my 9 yr old son has my last name, I

was not married to his father. His

father is now named on the birth

certificate, but has no legal or

physical custody joint or otherwise...I

am getting married and having a

baby and would like to change my

son's name to his stepfathers (this is

what my son wants). do I have to

get his biological father's permission?

is there a way to change the name

but not adopt?


Asked on 8/03/07, 12:42 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: legal name change for minor

QUESTION: I am getting married and having a baby and would like to change my son's name to his stepfathers (this is what my son wants). Do I have to get his biological father's permission?

ANSWER: If the birth certificate identifies a "father" (as opposed to the line being left blank), it generally means that "legal paternity" has been established somewhere along the line. If you now want to legally change the child's name, you need to get a court order that declares the change-of-name. Father must be given notice of the requested name change. The court will easily grant the name change petition if the father gives consent. If he objects, a court hearing would be held and the court would hear the objections and then make a ruling. If the court determines that the change of name is in the best interests of the child, the court has the power to grant the petition, even over the father's objections.

QUESTION:

Is there a way to change the name but not adopt?

ANSWER: Yes. See above. Petition the court for a judgment legally changing the child's name.

L.D. Gorin

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Answered on 8/03/07, 4:48 pm


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