Lafayette, IN asked in Family Law for Indiana

Q: Can the courts in Indiana, after a positive DNA test for the presumed father, change the last name to his from mine?

I am 9 1/2 months pregnant and have done this all on my own. I tell him about all the appointments and how everything goes and he shows very little interest never asking about her. Has never gone to anything with me and will go around and tell people that I don't tell him anything or that he'll name her whatever he wants to or try to take me to court if I try not to let him around her but will lie and say he's never said that to my face. He just now got a job which he is not very good at keeping them and is close to finishing his probation for marijuana possession which I'm sure he has violated. I just want to know if since I'm going to be the only one signing the birth certificate until he takes a DNA test to prove it's his will the court make me change my childs last name to his since he would be the proven father.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: No, even if the father establishes his paternity, the name of the child is not changed to that of the father's automatically. If the father had custody he could petition the court to change the child's last name but absent a very good reason to do so he would most likely be unsuccessful.

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