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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption