[TX] How can I change my last name and amend my birth certificate after paternity and custody have been legally established?

TX Family

I am 18 years old female want to change my last name my real father's last name. My birth certificate in El Paso County Texas originally had another man listed as my father. My real father gained custody of me when i was 4 and a DNA paternity test was taken stating positive. I have had a birth certificate with the original name for past 18 years, but now I want to get driver's license but need to change last name on BC to reflect my real father's last name.

December 11, 2025

Michael M. Esq.

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I'm so sorry about this situation! At 18, you have the legal right to petition the court yourself for a name change. (Texas Family Code § 45.101)

Once the judge signs the order, you can submit that to the Vital Statistics office to update your birth certificate. If your only goal is to update your last name to your real father's last name, you don't need to reopen the paternity issue and just request the name change.

So here is what you need to do:

Once you get the signed court order, send that certified copy to the Texas Vital Statistics Unit with the application to amend your birth certificate (Form VS-170). Make sure everything matches (name, date of birth, etc.), and that should be enough to get your new birth certificate issued.

Requirements for Changing Vital Records

Does that help clarify things? I want to make sure I didn't leave anything out.

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I am 18 years old, female, and want to change my last name to my real father's last name. My birth certificate in El Paso County Texas originally had another man listed as my father and reflected his last name. My real father gained custody of me when i was 4 and a DNA paternity test was taken stating positive. I have had a birth certificate with the original name for the past 18 years, but now I want to get a driver's license but need to change last name on my birth certificate to reflect my real father's last name.

Lexi, Chatbot

I understand that changing your last name can be an important step for you. Have you already started the process of obtaining a court order for the name change?

Yes I just filled out the eform online.

Lexi, Chatbot

Are there any specific documents or evidence you have regarding your father's custody and the DNA test results?

Yes I have all the paperwork stating that my father is true father and he has custody. When he gained custody the lawyer was supposed to change name on birth certificate but they never did. My social security has correct name however. I did attempt to send a change of name on birth certificate with all the court documents to Austin but they sent it back to me after 2 months stating they needed a court order saying my dad was legal father.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your name change.

So my question is since I've already gone that route, can't I just file a name change as an adult then send that documentation to Austin?

Michael M. Esq.

Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts. Have you already filed the adult name change petition with the court, or are you waiting to see if that will be accepted as enough proof for Vital Statistics to amend your birth certificate?

I am filling out the name change petition to the court now as an adult through this website, because Austin sent back my original paperwork that had the court filings from my father when he gained custody of me. They said they needed a court order saying my father was legal father even though I sent documents that said he was, so I figured just to do it as adult now I'm 18 since it will take too long probably.

Michael M. Esq.

Sure thing! Are you planning to request the name change only, or are you also asking the court to formally recognize your father as your legal father in this petition?

Vital statistics won't amend my BC with the court documents I sent from my father gaining custody saying he is legal father. So now I'm 18 so I thought I'd just fill out the adult change of name.

Michael M. Esq.

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

I'm attempting to change the name and get a new birth certificate with my real father's last name instead of the original last name on my birth certificate. I don't necessarily need to recognize my father as legal since the previous papers say it is anyway and I'm an adult now.

I just want a new birth certificate change with new name and my legal name to reflect my real father's last name. My social security has the correct name but not my birth certificate. I can't get a driver's license or Passport with my current BC right now.

Michael M. Esq.

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

okay thanks

Michael M. Esq.

I'm so sorry about this situation! At 18, you have the legal right to petition the court yourself for a name change. (Texas Family Code § 45.101)

So here is what you need to do:

Requirements for Changing Vital Records

Does that help clarify things? I want to make sure I didn't leave anything out.

Yes it does thank you very much. So I filled out the eform to change name change and I can walk it myself to the court and hand to the court to start the process right?

Michael M. Esq.

Sure thing! I'll be happy to address that. Yes, once you've completed the eform for the name change, you can print it and take it in person to the courthouse to file it. Make sure you bring proper ID and the filing fee or a fee waiver application if needed. After filing, the court will give you a hearing date or instructions on the next steps.

okay thank you very much

Michael M. Esq.

For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!

Yes you did thank you very much!

Michael M. Esq.

Thank you so much for contacting us! We're happy to help whenever you need it.

Michael M. Esq.

75 satisfied customers

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