Chicago, IL asked in Child Custody and Family Law for Illinois

Q: How can a mother give a child my last name with out my consent, and does that makes me legally the parent in Illinois?

My daughter had a last name change because her mom put the wrong man down as my daughter Father's so she changed her last name with out my consent and my name is still not on my daughter's birth certificate, does that make me the father of this child and could the mom be in trouble for not getting my consent first.

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1 Lawyer Answer
Robert B. Buchanan
Robert B. Buchanan
  • Divorce Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Assuming you are not married to the mother, the name on the birth certificate does not determine whether you are the legal father.

To be the legal father, if you are not married to the mother, one these things has to happen:

- A judge signs an order saying you are the father;

- You and the mother both sign a Voluntary Acknowledgment of Paternity and send it in the Department of Healthcare and Family Services.

It's unclear from your question whether the mom could get in trouble for what she did, but as long as she didn't forge any signatures or lie, than most likely she will not "get in trouble."

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