Legal Question in Family Law in South Carolina

Re: Name change of a minor - named by mom on birth certificate

You are moving in the wrong direction. What you have failed to consider is that if anything ever happened to you, your husband would have no rights to custody of your son. Also, the biological father may show up at any time, claiming that you concealed the boy from him, etc.

Suggest you consider a step-parent adoption, whereby your husband will become the legal father of your son. Your husband will then have the same custody [and child support] rights as any parent.

Once the adoption is finalized, you will receive a NEW birth certificate which will have your HUSBAND'S name on it.

Hope this helps.

Re: Name change of a minor - named by mom on birth certificate

The answer is yes. You can do a change of name if you want to change the name of your son to your maiden name. If however you want your son to have the same name as your husband, then you and your husband should consider having your husband adopt your son. I would need to know more information from you to determine how quickly this can be done. Alot would depend upon whether or not the birth father had notice of your son's birth. His consent may be required for the adoption unless his rights have already been terminated. Also keep in mind, each county differs in their requirements for adoption.