You can only change the last name of your child in Family Court if there is a paternity case for that child. Paternity cases establish who is the father of a child. If there is no paternity case, you will have to go to Civil or Supreme Court to change your child’s last name.

There are two ways you can establish paternity.

  • The father can fill out an Acknowledgement of Paternity form, which says “I am the father.”
  • You can petition the court for a Filiation Order. A petition is a written request to the court. A Filiation Order is an order

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There is also a free and easy program that helps a parent make all the court papers needed to ask the Supreme or Civil Court to change the name of one or more children. When you finish the program, you will get instructions that tell you how to file the papers and pay the court fee: 

Child Name Change Petition Program

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Last Reviewed: November 5, 2010