In January of this year I became a father. My son's mother and I are not married. I took a DNA paternity test immediately after the my son was born to determine with certainty that I was the father before signing the birth certificate or the paternity statement. After the mother decided on a name for our son she didn't allow me to sign the birth certificate or the paternity statement. She did this for no apparent reason but only to secure her rights and limit the rights of child to have his father in his life. I eventually took her to court to establish paternity, order his birth records changed, set up daily visitation for 2 hours and order we go to mediation. While in court I asked that my surname be incorporated into the child's last name. I don't want my son to have issues later on, i.e. that I denied him my last name, I am embarrased of him or that I wasn't around. Heck I delivered the child due to the absence of the midwife. This request to have my surname incorporated into his last name was denied, the judge said she did not have the power to do this. Is what she said true or is there case law that indicates otherwise? I feel very discriminated against because the DNA test had no bearing on his birth records until it was changed by court order. In addition to other things, i.e. custody, the child is being denied the right to have my last name. I initiated child support, visitation, etc. but that is not possible?
I cannot answer your question specifically to the laws of New Mexico as I am not licensed in that State. In my jurisdiction the court has the authority to order the child's name changed. The court will often hyphenate the last name. I have had a rare case in which the court would not modify the last name of the child and kept the mother's last name on the birth certificate.