Legal Question in Family Law in New Mexico

Can i change my daughters last name to just mine if father is not on the birth certificate? for example her last name is johnson-smith can it just be smith and what process do i need to take? in the state of nm. FYI father was only around the day she was born!


Asked on 2/09/12, 8:47 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

You can search the internet for the Name Change law in New Mexico. You will find that it is called NM Statutes 40-8-1. There are 3 sections (a .1, .2, and .3). The second section, if memory serves me well, will tell you how to do this for a child under the age of 14. You probably have a self help center at your court house and they may have forms and if they do not then go look at the 13th judicial district court forms (http://www.13districtcourt.com/legal-forms-directory.htm) and I think you will find exactly what you are looking for at that web site. Make sure you put in the correct judicial district of the city or town where you live when you use forms from another district. Also, there will be a filing fee at the court (if you are poor you can fill out another form and ask to waive the court filing fee) and you will have to pay to have the name change published in the newspaper for 1 time per week for (I believe) 2 weeks.

Hope this helps and good luck.

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Answered on 2/10/12, 4:05 am


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