Can a mother take a father’s name off the birth certificate and change the baby’s name without the father’s consent?

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Can a mother take a father’s name off the birth certificate and change the baby’s name without the father’s consent?

This child was born out of wedlock, nor did the parents live together. The father and mother signed the original birth certificate and the both signed the voluntary paternity form.

Asked on February 26, 2014 under Family Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In order to change the name of a minor in Illinois, you will need to get a court order approving your name change. A parent or legal guardian will need to do the following: 

  • Fill out a Notice
  • Publish the Notice in a local newspaper
  • File a Petition for name change
  • Attend a name change hearing
  • File a name change Order


Legal Documents to Complete


First, you will need to fill out a Notice of Filing of Petition for Change of Name. You need to have this Notice published in a newspaper in the city where the minor lives one day per week for three consecutive weeks. Make sure you have the Notice published at least six weeks before you intend to file the name change Petition. There is a form letter for you to send to the newspaper in the link below.  The newspaper should return a Proof of Publication to you after publication is complete.

Note: Publication is not necessary if the Notice and Petition are served on all parents and people with legal physical custody of the minor involved. Service may be achieved through a Process Server or by Certified Mail. Attach verification of service to the Petition at the time of filing.

Answer: The name change can happen without the father's consent if proper notice is served upon him and the court deems such. The father's came cannot be taken off the birth certificate absent a court order and notice to the father.


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