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This is based on prevailing law in the United States. If you live elsewhere, you should so indicate.

Yes, they may refuse if the non-custodial parent did not relinquish their parental rights either voluntarily or involuntarily in preparation for adoption or otherwise give their permission as a matter of court record.

If the stepfather is legally adopting the child (which could only happen with consent of the non-custodial parent and only if parental rights were terminated), then the right to change the child's surname is given.

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Q: Is the non custodian parent allowed to refuse the child to be changed the surname to the stepfather?
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