A name change is a legal procedure, so in most circumstances, you must obtain permission from the court or state vital records agency to change your kids' last name. Although the laws for name changes vary by states, in most locations, you will need to have the consent of the children's legal father before you may give them a new surname. If his whereabouts are unknown, you must make an effort to locate him and present evidence of your efforts to the court. Some jurisdictions may also require you to publish notice of the name change in a local newspaper.
Step 1
Request a name change when you complete a stepparent adoption. If you are getting married and wish for your children to take your new husband's name, you will need to complete a stepparent adoption. To do this, you will need to obtain written consent of the children's legal father and submit a petition to the court in the jurisdiction where the children currently reside.
Step 2
Submit information about the children's legal father to the vital records office. To change your kids' last name from your maiden surname to their biological father's name, you will need to submit his name, address and date of birth to the vital records agency in the state where the children were born. If you have recently identified him through a paternity testing, submit a copy of the results with your request.
Step 3
Petition the court for a name change. If you wish to change your kids' last name for any reason other than adoption or to reflect the last name of a legal parent, then you must ask the court for an original name change order. The petition should list your reasons for wanting to change your kids' last name and state that you are not requesting the order for fraudulent or illegal purposes.
Step 4
Request a new birth certificate, Social Security card, passport and state ID. Once you receive an order from the court, adoption degree, or notice indicating that the vital records department has modified the kids' records, use these documents to correct your children's school and vital records.
Tips and Warnings
- If you cannot locate the kids' father to obtain his consent, you may still be able to proceed with the name change if the court believes you have made a diligent effort to find him.
