Maria E. v. Anthony E.

OPINION OF THE COURT

Judith Sheindlin, J.

The issue presented in the above-captioned matter is whether the Family Court has jurisdiction to direct that the surname .of a child be changed subsequent to an order of filiation when one of the parties opposes that change.

This court is constrained to hold that given present jurisdictional limitations, the Family Court lacks the authority to order a change of surname absent consent of both parents.

This paternity petition was brought by the mother of the subject child. On August 30,1983, the respondent admitted in court that he was the father of the…