See this is the kind of question that can not be answered yes or no. You want to change the name of your kid to your maiden name since you illegally signed on the man who your kid presently uses the last name of as his father by saying that this man is his father for a document which is seriously important and determines your kid's life since everything requires ID and ID is based on that birth certificate. So now you have another problem that you may not be aware of, it is illegal in nearly every single state to willfully lie when it comes to certificates, licenses, like marriage, birth, death, drivers etc. In some states these carry large fines and even prison time. If I'm scaring you then I'm doing my job properly because you are in a pickle. You need to get yourself an attorney and sit down with him/her and lay out the details of this marriage, the reason why you lied about the real father and yes the real father's name will be requested (if not demanded) because he MUST pay child support in nearly every state now days. That birth certificate needs to be updated and properly present Father and Mother - if the name of either is unknown then that is what is placed in the space provided. Since hubby is not the father a paternal test will be taken to substantiate this claim of yours. Meaning he will know something is up. Since he is listed as the father on the certificate of birth that is a legal document which in and of itself grants rights to your husband as the biological father (as so the paper says) which include a custody battle and having a lot to say when it comes to you changing the last name of the kid in question. Which by the way there are legal ways to go about changing the name of a child from his father's last name, however these require you proving or demonstrating that the father is a threat to you and or the child and that by changing the name of the child you will protect him/her from the father.