Baby gets the birth mom's name Pros: Women who are proud of their last name may want to pass that lineage along to their child. In some cases, the mom's last name just sounds better together with the child's given name. All of these are perfectly valid reasons to give your baby their mother's surname.
Specifically, many families choose to use the mother's last name for the kids, rather than the father's name. Or they go with a hyphenated name, so both parents are represented.
No law in the US requires that parent and child have the same last name. It is usual that a child's name match that of at least one parent, but not required. A parent can change his or her name, without changing the names of any existing children.
In the vast majority of cases, you will not be able to legally change your Child's Surname (or any part of their name as it appears on the Birth Certificate) without the signed agreement of the other parent, or if you do not have the other parent's signed agreement, then without obtaining an Order of the Court making ...
Although the last name of the baby doesn't have a legal bearing on paternity or parentage, when parents are unmarried or have different last names, questions can arise about which last name the baby should have. In most states, you may give your child any first, middle, and last name you like.
This is a doctrine based on the patriarchal assumption that a father's surname would deepen the family institution or provide children with more financial security later in life. Or, it is the easiest way to ensure the family name's legacy.
“There's this implicit understanding that having the father's last name is inherently in the child's best interest,” she said, citing cases where judges argued that taking the father's surname would deepen the family relationship or provide children with more financial security later in life.
You Need Consent From Both Parents
Under Section 4 of the Family Law Act 1975, changing a child's name is considered a major long-term issue in relation to the care, welfare and development of that child. Before a child's surname can be changed, there must be consent between both parties.
The fees to register a name change and apply for a change of name certificate: $185 Lodgement fee for Application for Registration of a Change of Name. This fee will be retained regardless of the outcome of your application. $53 Change a child's name within 12 months of birth (includes replacement birth certificate)
If an order provides for sole parental responsibility, that means one parent (or person) has the authority to solely exercise major decision making about their children. It is also possible to obtain sole parental responsibility for only parts of parental responsibility, such as about major medical issues or education.
Hyphenated last names may also be called a double surname or double-barrelled surname. For example, Sarah Smith marries Adam Jones. A hyphenated last name would be Smith-Jones or Jones-Smith. It's your choice which name comes first.
Carrying on a name has nothing to do with sex or gender. It dies out or it's carried on by the progeny of your brother or male cousins.
If you even have an inkling that a child isn't yours, whether or not the child has been born yet, speak with an attorney. An attorney can help guide you through the steps you need to take to determine paternity and go through any potential court proceedings in the future.
You can only change the last name of your child in Family Court if there is a paternity case for that child. Paternity cases establish who is the father of a child. If there is no paternity case, you will have to go to Civil or Supreme Court to change your child's last name.
Surname and Last Name on forms are one and the same thing. Father's name can sometimes be considered as such. If it is common in your community to use the father's name as a surname, even in the form of an initial, then you may use that name (written in full) as your last name.
A double-barrelled name is a type of compound surname, typically featuring two words (occasionally more), often joined by a hyphen. Examples of some notable people with double-barrelled names include Winnie Madikizela-Mandela and Sacha Baron Cohen.
Changing your name due to marriage, separation or divorce
You can change your name only once in a 12-month period and 3 times in your lifetime.
It's not illegal to start using another name without registering the change. You can legally use any name you want, as long as you don't use a name to try and commit a crime, like fraud. Changing your name without formal registration can cause problems with official documents.
Even if you do take steps to change your identity, a stalker may still be able to track you down through family and friends who know your new identity and location. If you have ongoing legal issues with the abuser or don't plan to relocate, the risk that your new identity will be discovered is extremely high.
A child's legal name can easily be changed by Deed Poll providing everyone with parental responsibility (PR) for the child consents to the name change. If your child is 16 years of age or over (or approaching their 16th birthday), they must apply for their own Deed Poll for which parental consent is not required.
File a petition to the Clerk's Office of the Superior Court of the county where you reside. Contact the Clerk's Office of the Superior Court for information about how to submit a petition and pay fees. You must complete and sign all required paperwork for your petition.
You must: be 18 years of age or older. provide proof of identity and residency and. disclose any criminal records.
Unmarried couples aren't required to give their child a specific surname upon birth. The child may carry the mother's surname, father's surname or a hyphenated surname. The name the couple chooses then appears on the newborn's birth certificate.
Almost all schools ask for 'father's name' in the admission form, but the education department has clarified that it is not mandatory if the same has been removed from official identity documents of the child.
In most cases, the father gives the name. In other cases, the man consults his wife and they both come up with a name. But it is the man that makes the name public.