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According to the common law name change (in Massachusetts), if the mother is unmarried, she has say over the child's name. The father can try of course, but I don't believe he can force the mother to change her child's name.

I am sure it may also depend on whether the father signed the birth certificate or not.

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13y ago
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11y ago

That depends on where you live and whether you parental rights have been terminated.

In the United States, parentage would first have to be established either by being listed as the father on the birth certificate. DNA testing or voluntary admission on record with the court. When that happens, adoption cannot occur unless both parents consent. If your parentage has never been legally established, or your parental rights were terminated, either voluntarily or involuntarily, yes, she can do it.

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14y ago

Most Likely, yes, as it is the FATHERS child, therefore, the child is of the fathers blood making it 'ok' to use HIS surname!

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14y ago

No she can not do it she will have to take the husbands consent.

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14y ago

Yes, as they don't even ask anymore.

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Q: Can the mother change the childs name and have her new husband adopt the child without the real fathers consent?
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