Name Change of a Minor in Georgia
In Georgia, in order to legally change the name of a minor child, you must have written consent
of both parents. However, legal consent of a living parent is not required if that parent has not contributed financially to
the support of the child for period of five years or more immediately preceding the filing of the petition. If the parents are not
living or have abandoned the child, then the child’s guardian must file written consent with the petition. Please note that
I only handle minor name changes that are not contested to by either of the minor’s parents.
*** PLEASE NOTE THAT CHANGING THE NAME OF A MINOR CHILD DOES NOT DO CHANGE THE LEGAL STATUS OF THE CHILD OR THE FATHER:
- - - If you are the father of a child born out of wedlock, and you want to become the legal father, you must use a different
procedure called “Legitimation.” You may change the child’s name in the Legitimation action, and do not have to file a separate
name change petition.
- - - If you are a mother or father who wants to have a court decide who is the child’s father, you
must file a Paternity action. After you are found to be the biological father you will then file the Legitimation action and proceed
from there.
- - - If you are the natural parents of a child born out of wedlock in Georgia, and you have now
married each other and want to change the child’s birth certificate to show the father and change the child’s name, you do not have
to file a court action. Instead, you may file a simple form with the Georgia Bureau of Vital Records. The form is called Application
for an Amended Certificate of Birth by Legitimation (Form #3929), and is available from the Vital Records office.