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Changing a Child's Surname
Changing a child's surname in the Civil Court should not be a Sisyphusean task, and generally it is not, if the child is not born out of wedlock; then, both parents can simply petition the civil court either through counsel or pro se. The change is made with a judicial stroke of the pen, in just a few weeks. Generally, these types of name changes are relatively simple because they do not affect parental or substantive rights, such as custody and visitation, child support and inheritance.
When a parent or parents are considering changing the surname of an infant born out of wedlock, legal practitioners are often confronted with difficult questions of law and policy. Attorneys are frequently called upon to answer a host of questions like these: 'My child's father and I are not married, but can I change my child's last name to his father's?'; 'I'm living with my 'common law' husband (or just a boyfriend) who is good to my child from a previous relationship, can I change the child's last name to his?'; 'My ex husband, the children's father, does not pay child support and has left the jurisdiction, can I change their surname by stripping them of his last name and just have them use mine?'; or, 'My child's father did not give him his last name when the child was born. How can we do it now?'
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