Legal Question in Family Law in West Virginia
Name Change
i was unmarried when i had my daughter and i chose to give her my last name, her father signed all the paternity papers and birth certificate. we later married and we want her to have our last name now, but i dont know how to go about changing it. many people have told me that my husband would have to get a lawyer and go through the adoption process, and others have said its as simple as going to the court house and just changing it on her birth certificate.
1 Answer from Attorneys
Re: Name Change
Adoption is not necessary, if he is the "natural" father. That is way "overkill."
If all of the pertinent documents were signed at or shortly after (w/in a yr) birth, attesting to your child's paternity, there is a "Clerical or Administrative" process for changing your daughter's surname. Get info and forms directly from the Department of Health or Dept of Vital Statistics.
If that doesn't work, you may apply or motion in Court, with your supporting docs, for an "Order" directing that the Depart of Health change your daughter's birth Certificate name.
Good luck,
Phroska L. McAlister,ESQ
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