I think you need legal advice about this. If he is refusing to agree, then I don’t think you have an easy option. Perhaps you could legally add your surname to the end of her name, and then stop using his.

It is not the law for kids to have the dads surname! Simply have dads surname on the birth certificate, no doubt your child will want to know who his dad is later down the track, so you shouldn’t really delete him entirely from your life. But just refer to him with your new husbands surname. Birth certificates are generally only required for official documents

I didn’t force this issue – wish I had of though… my son is 24 yo has never had contact with his dad but will not relinquish his last name… good luck

Consult legal aid as technically the surname is ususally the father’s as I am sure that is the law .

I have lots of friends who gave dads name on the birth certificate but he’s not involved with the child, so they just use their own surname, no changing on the certificate though. When it comes down to it, he is the dad and they should have the option of being able to know him if they want at a later stage

Wow by the sounds of it he definitely doesn’t deserve to have a daughter carry his surname!! I would be seeking advice from family mediation or court as to what you can do the have it changed! She is your daughter and you have ever right to have her name changed if he isn’t in the picture… Why does he car anyway? It’s not like he has anything to do with her! Good luck

Love to know how you went with this.

If he appears on her birth certificate and will not agree to change her surname then the only way to change her surname officially is to apply to the Court (Local Court, Federal Magistrates Court or Family Court) for an order that allows your child’s surname to be
changed. The Court will not make an Order allowing your child’s surname to be changed unless it believes that the name change will be in the best interests of the child.
The Hawkesbury Nepean Community Legal Centre has a factsheet on this and it states: If you apply to the Court to get an order you must have a good reason for wanting to change your child’s last name. It is unlikely that separating from the child’s other parent will be considered a good reason on its own. The Court must find that it is in the best interests of the child to change their surname NOT that it is in your best interests.
You can download the necessary forms for an Application to the Court from
http://www.familylawcourts.gov.au. You should get legal advice before you apply to the Court for an order allowing the name change.

How did you go with the name change?

there are some good comments here

I would get legal advice. You can usually get free advice from a public lawyer.

Contact the magistrates office and see what your options are.

I do believe you can get your new husband to adopt your daughter when you get married….that is one way of getting her name changed, I would also be looking for back payment on any child payments until your ex sees sense.

my husband although given his dad’s surname, started using his mums maiden name before starting school. He was issued a stat dec at one point by births, deaths and marriages, however, this did not make it legal it just meant he could use this name. He did not legally apply to change his surname until we were planning on getting married as I refused to take on a surname that he did not use.

thats a hard one contact a lawyer.

Isn’t her surname already different to yours? If you signed it with his name I mean? And would she know that is not the norm unless you tell her? I just think it matters much more to you than her – and I can of course see why as he is a dead beat dad that don’t deserve such title but I think that unless you point out that she is different she won’t really know! Good luck!

Hope you have found someone to help you with this! You are a great mum for wanting the best for your kids! Hope things get solved soon!

I truly feel for you as I went through this , I can understand how difficult it must be four you .but the law state that you must have the other parents permission, the Concept is unfair i know I wanted to change my two children’s surname but could , i try every thing Evan applying to the children’s court as he’s never been supported me and we were married , i sincerely wish you the very best they should change the law,

I just found it is different from state to state. If from NSW their page says: Applications to register a change of name for a child (under 18 years) should be made by both parents. If both parents cannot make a joint application, please phone 13 77 88 to discuss your circumstances.
http://www.bdm.nsw.gov.au/bdm_con.html#interviews

From Births, deaths and marriages web site: What can I do if a child’s father will not consent to a change of name?

If the child is under 18 years of age and the natural father named on the child’s birth registration will not give consent, you must obtain a court order through the Family Court which authorises the change of name.

When a court order is obtained you can make an application to the Registrar of Births, Deaths and Marriages for a Change of Name certificate. See How to register a child’s change of name.

http://www.bdm.dotag.wa.gov.au/C/change_of_name_faq.aspx?uid=9400-1679-5351-6421