Can I Change My Baby's Last Name After Birth in New York State?

In New York, a party can change a child’s name by filing an online petition with the New York State Unified Court System. The person filing the petition must be the child's:

• Biological parent.
• Adoptive parent.
• Legal guardian.
  
• Next friend. A next friend is a person appointed by the court to represent the rights of a person who cannot serve as their own legal representative.

The petitioner must tell the judge why they want to change the child’s name, and the court will decide if the name change is in the child’s best interest.

A child or minor is considered a person who is 17 years of age or younger. A party must submit the petition, a fee of $65 and the child’s original birth certificate or a certified copy of the child’s birth certificate with the child’s old name to the local courthouse.

They can submit a petition to cover name changes for multiple children in a family at the same time and will have to pay only a single $65 fee for the group of children.

A name change is separate from a sex designation change request. A party can submit a name change and a sex designation change petition for an individual child. The party cannot submit a name change and sex designation petition for multiple children at the same time; they should submit separate petitions of this sort for each child.

A resident of New York state should submit a name change petition to either the County Court or the Supreme Court of the county in which they reside. If the person lives in New York City, they should submit the documents to any branch of the Civil Court of the City of New York. The court will consider certain factors for a name change request:

• What the child wants, noting the child’s age and experience.
• How the name change will affect the child’s relationship with each parent.
• How long the child has used the name.
• Problems, embarrassment or harassment the child has or will experience due to the current or new name.
  
• Motives or interests of the parents.

After the judge has issued a court order granting the name change, the petitioner may request a name change on the child’s birth certificate with their local department of health.

A name change order will not result in the child’s adoption. Adoption is accomplished by a separate legal proceeding. Yet if a child is being adopted, the judge can change the child’s name in the adoption order. This step can replace a name change request on its own. The adopted child will get a new birth certificate.

A person who is receiving public benefits is termed a low-income person by local, state or federal governments or one who does not have enough money to pay for their household’s basic needs can ask the court for a fee waiver. A fee waiver relieves a party from paying a fee to the court for filing a name change petition.

A person gets a fee waiver by filing a motion with the court. They must make a notice of motion and submit a sworn affidavit that explains their finances to the court. There is no official form for this request, and different judges may require different information to make a decision on a fee waiver request. A party can call their local court clerk’s office to request instructions relating to requesting a fee waiver.

In New York, a name change request is public record. A sex designation change request is also public record. A party can ask the court to seal such records for their personal safety. If the record is sealed, a person other than the petitioner will not be able to be aware of, or have access to, records relating to the petition as the case is pending.

Both parents can seek to change the child’s name. If one parent wants to change the child’s name, and there is another living biological or adoptive parent or legal guardian, that second person must also provide written permission requesting the court to change the child’s name. This permission is called consent.

If the second parent's parental rights have been terminated, the first parent does not need the second parent’s consent. The first parent should attach proof of the termination of parental rights to the petition. If the first parent cannot get consent because they do not know the second parent’s whereabouts, the first parent must take steps to locate the second parent.

If the first parent cannot find the second parent, they should explain in the name change request why the other parent is not available. They should also state what steps they took to contact the second parent.

It may be that the first parent cannot get consent from the second parent or legal guardian and has the second parent’s last address. In this situation, the first parent must notify the second parent or legal guardian to give them a chance to tell the court why they object to the name change. The first parent must provide the second parent with a Notice to Non-Petitioning Parent.

If the second parent is younger than 18, the first parent will need written permission from the second parent’s parent or guardian.

Many New York courts require a child who is at least 14, but younger than 18, to give their permission for the name change. The child must sign the minor consent form in front of a notary. The requesting parent must provide this document to the clerk of court with the petition for the name change.

A person can update a birth certificate with their local health department in person and by mail. In order to make an in-person appointment, they may need to schedule an appointment online.

If the hospital made a mistake on the newborn’s birth certificate, a party must request a correction from that hospital within 12 months of the child’s date of birth. There is no fee for this correction. If it has been more than 12 months since the child’s birth, the party must request a correction from the department of health.

It typically takes a health department about 12 weeks to process a birth certificate update. Delivery of the new birth certificate by mail can take another two weeks. There is a $40 application processing fee for most corrections.

A party who requests a name change for a child can also request a name change for themselves or an incapacitated adult. They should review the forms for adults and children to see which form is appropriate. Adults can also legally change their names when they get married, divorced, have a marriage annulled, become a U.S. citizen or are adopted.