What do I do to change my son’s last name to my husband last name? 11 Answers as of January 28, 2013

My child’s biological father has never been there and he did not sign the child birth certificate. My husband has been raising my child as a father since my child been 1 year old. Does my husband has to a adopt him? What is it that we have to do?

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The Law Firm of Kristina L. Combs, PLLC
The Law Firm of Kristina L. Combs, PLLC | Kristina L. Combs
You should seek to have the biological father's rights terminated or relinquished, and then seek adoption by your husband.
Answer Applies to: Texas
Replied: 1/28/2013
Law Office of Kristine McDonnell | Kristine McDonnell
File a motion for a name change at probate court.
Answer Applies to: Ohio
Replied: 1/25/2013
John Russo | John Russo
I love this stuff he did not sign, but did you list him as the father? I am guessing the child has his fathers last name so how did that happen? Legally you cannot change the child's name without the father's permission, which requires notice to him, and your husband is not just adopting this child without a long and complicated legal process, which also requires notice.
Answer Applies to: Rhode Island
Replied: 1/25/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
Must petition court for adoption and if granted you can have his name changed.
Answer Applies to: Delaware
Replied: 1/25/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
You are asking really good questions that are complex. You really need to sit down with an experienced family law attorney in your county and discuss these matters. I will try to cover them briefly. To change a minor child's name, both parents need to approve it. But it sounds like he has no father since a man's name is not on the birth certificate. But if you go to court, the judge will know that there is a father somewhere. But since you want to have your husband adopt, the name change would be part of the adoption process so doing a name change might be a waste of time. Can your husband adopt him? That is highly likely. But the bio. father will have to be notified and given the opportunity to terminate his rights. However, the bio dad might decide that he wants to be a part of his life. You did not mention the child's age and that is relevant. So you really need to talk to an attorney in person & discuss the entire matter in detail. Termination is a complex and detailed process. Then there is a step-parent adoption. It is a lot like adopting a brand new baby. The new father has a criminal background check. There is a social study. It is slow and expensive.
Answer Applies to: Texas
Replied: 1/25/2013
    Your husband needs to adopt your son.
    Answer Applies to: Nevada
    Replied: 1/25/2013
    Law Office of Carolyn R. Jones
    Law Office of Carolyn R. Jones | Carolyn Jones
    You should file a Petition for A Step Parent adoption.
    Answer Applies to: Florida
    Replied: 1/25/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You are required to file a motion for a name change of a minor. It has to go to court for a name change. W.DIEFERLAW.COM
    Answer Applies to: California
    Replied: 1/25/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    There is either an adoption or you make application to Supreme Court to do a "change of name".
    Answer Applies to: New York
    Replied: 1/25/2013
    File for a step parent adoption. Then you can change the name. You may be able to proceed under abandonment grounds.
    Answer Applies to: California
    Replied: 1/25/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You have a couple of options. You may be able to file an action to change your son's name in civil court. Although the father never established his rights, he may still be entitled to notice of the proceedings (or he can simply consent to the name change). If you are interested in having your husband adopt your child, this can be done if the biological parent will consent to the adoption or if his parental rights are terminated by the juvenile court. I recommend you consult with an attorney to discuss these options.
    Answer Applies to: Arizona
    Replied: 1/25/2013
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