How to Change Your Child’s Last Name and Amend Their Tennessee Birth Certificate

As the parent or guardian of a child, there are several reasons why you may want to change your child’s last name, also known as the surname. Whatever the reason may be, the team of family law attorneys at King Law Offices has the legal expertise to assist you in the process.When a child is born, a name must be listed on the child’s birth certificate. The last name that is listed on the birth certificate depends on the marital status of the child’s parents. By law, if the mother and father of the child are married, the child’s last name must be listed as either the father’s last name or the father’s last name in combination with the mother’s last name or the mother’s maiden name. If the child’s mother is unmarried, the child is given her last name.If a single parent desires to change their child’s last name, the courts must determine whether the name change is in the child’s best interest. The burden of proving that the name change is in the child’s best interest rests with the parent who makes the request.In making this determination, the courts consider five factors.

1. The preference of the child.
2. The impact that the name change would have on the child’s relationship with each parent.
3. The length of time that the child has had the name.
4. The community respect that is associated with the current and proposed names.
5. Any difficulties or embarrassment the child may experience as a result of the name change.

If a child’s parents who were unmarried at the child’s birth, later decide to get married it is important to note that the child’s name is not changed automatically. According to a law that is in effect beginning July 1st of 2024, following the marriage of the child’s parents, the parents must submit several important documents to office of vital records to start the process. The parents must submit

1. a certified copy of their marriage certificate
2. affidavits from both the child’s mother and father acknowledging paternity. The affidavits must accompany
3. a form from the state registrar to amend the child’s birth certificate. Completing this form allows the office of vital records to add the father’s personal information to the birth certificate and change the child’s last name to reflect the father’s last name.

In cases where the father of the child is deceased or paternity has been established by a court order, additional documentation is necessary. If the father is deceased, the certified court order establishing the father’s paternity must be submitted along with a Notification of Order of Parentage form. In addition to name changes for biological children, the new law also governs name changes for adopted children. When a child is adopted, a new birth certificate is prepared and the old certificate is sealed. A new certificate is requested by filling out a form with the state registrar that provides information regarding the child’s old birth certificate and the adoptive parents’ personal information. Upon receiving this information, the certified order of adoption, and payment of applicable fees, the state registrar will issue the new birth certificate within 45 days. This information only applies to adoptions of children born in Tennessee. It is important to note that the state registrar does not process adoption orders for children born in other states. If you plan to amend your child’s birth certificate, you should seek legal advice. At King Law Offices, we understand the complexity of this situation and are here to help. Our experienced family law attorneys can guide you through this process. Contact King Law Offices today at (888)-748-KING (5464) for a consultation.