Can the biological father of my son change my son's last name without my consent?

A name change is a legal proceeding that must be commenced by filing a petition for a name change. Generally, per the Florida Statutes, "[w]hen only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause." So if the father files this petition on his own, he must still notify you of this petition and you may then present your objections. The Court will then hold a hearing and make an appropriate determination.

It is difficult to add a name to a birth certificate unless there is an order that states the man is the father and that the birth record should be amended. Otherwise, the department of vital statistics in Utah usually requires both parents to agree to the modification of the record. One parent cannot legally change the last name for a child without an order of the court entered in a parentage action, or without filing a petition to change name and giving notice to the other parent if the child is under 18 years of age. Once a child is emancipated (18 years of age) notice to parents is not required by the court.