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