26:8-40.11 - Change of surname of child born out of wedlock; amendment of original birth record - New Jersey Statutes

26:8-40.11.  Change of surname of child born out of wedlock;  amendment of original birth record
    Whenever the mother of a child born out of wedlock, who has the same surname  as the mother, and who has no presumed natural father pursuant to the "New  Jersey Parentage Act,"  P.L.1983, c.17 (C.9:17-38 et seq.), or the presumed  father does not oppose the name change, marries a person who is not the father  of said child, the surname of said child may be changed to the surname of the  husband of the mother by submitting proof of such marriage to the State  Registrar of Vital Statistics or to any local registrar of vital statistics,  accompanied by a declaration, signed by said mother and her husband and  acknowledged or proved in the manner required by law for deeds to real estate,  setting forth that they desire the surname of said child to be changed to that  of the husband of said mother and a declaration signed by the presumed father  setting forth his approval of the name change.  Upon the receipt of such proof  and declarations, the surname of said child shall be so changed and the State  Registrar and any local registrar of vital statistics is authorized to accept  from the said mother and her husband a correction or amendment to the original  birth record, giving the child the said husband's surname.  Any declaration  submitted to the State Registrar or to any local registrar pursuant to this  section shall be filed with the original birth record of said child.

     L.1960, c. 142, p. 669, s. 1.  Amended by L.1983, c. 10, s. 3.