Adoption or legal name change?

Question

I was wondering if it would be easier to have my husband adopt my daughter or just legally change her last name to his.

Her biological father hasn't had anything to do with her since she was born and his name isn't on her birth certificate. She currently has my maiden name.

To do either without having to have his permission would I have to file abadonment against him or not?

Please, I want real helpful answers.

Answer 1

Adoptation is best option. Last name similar doesn't really matter.

Answer 2

since he isn't on the birth certificate, he has no legal responsibility to her, which means you can do whatever you want to her name and he doesn't have to know about it. if you are going to give her your hubby's last name, you might as well have him adopt her. however, if he adopts her, if you ever break up, he has to pay child support. adopting a child makes that child legally yours.

Answer 3

You will have to contact a lawyer.  You cannot legally change your daughter's name without court approval and the court isn't going to approve it without permission of her father.  It doesn't matter that his name is not on the birth certificate since in many states, you weren't ALLOWED to put a father in that slot unless you were married or he signed an affidavit.  Just because his name isn't on there, doesn't mean he has no rights.  Some men have no issue with relinquishing parental rights. Some do and then become involved in the child's life (which is usually best for the child).

You would have to prove abandonment and I can tell you that it is harder these days. Judges prefer to see a notarized papers over he said/she said.

For jurisdiction, usually this is a matter of where the child has been a resident.  However, if you left Missouri without the father's knowledge or permission, they may kick it back to Missouri to sort out, particularly if the father does not want to relinquish rights (it goes back to the original state of residence and child's birthplace).  Otherwise, Moms could move to the state of most convenience for her, go through the legal stuff, and move back.

Life is complicated.  Because of DNA, however, fathers can now be proven which is why the courts are changing how they address things.

Answer 4

Get a good lawyer.

He will guide and can easily get this matter resolved.

There has to be strong evidence that she was neglected

by the parents.  Get letters from the nearest relative she has

and get witnesses to sign the documentation and the period

of her stay with you and that no other person has claimed

to be her biological father so far.

Answer 5

since his name is not on the birthcertificate I don't see why you need to file any paper logically he can be their fatehr that return to  claim his child

Answer 6

if his name is not on the b/c, then yes I would have her adopted to get him out of the picture.  that way, if he is out...he can't fight for rights later!  Bless your hubby!

Answer 7

This really depends on what your husband wants to do.

Does he want to adopt her, and if he does and something happens in yours and his relationship, is he going to want to pay child support for her? Does she know him as "daddy" Does she know that he isnt her "sperm donor"  

I was in the same situation as you, my husband didnt want our daughter after she was born, I left him and met my current husband when she was 6 months old, so she doesnt know that he isnt her bio dad, he ended up adopting her. It worked out in the end, we had a attorney do all of our work. Good Luck

Answer 8

Your reasons are ur own...but its easier and cheaper to just change her name. Her birth certificate will still list no name and a lawyer will need to be involved as it won't change the fathers name on birth certificate. But your new husband can adopt her.

Answer 9

We were going to do this because my sister-in-law did that...it is easier and CHEAPER to just do a name change.

Answer 10

State laws differ. I suggest contacting a family law attorney, or even the probate court directly and asking them what options you have.

However, without an adoption he will not be her legal parent, so you may want to go that route just for the security aspects should something happen to you.

Answer 11

You need to check the laws in your state. The Family Court in your state probably has a family law clinic to help you.

Changing your daughter's last name will do nothing as far as giving your husband any rights or responsibilities for her. It's just a name.

Since both adoption and name changes would require going to court, it would be most beneficial to your daughter to be adopted by your husband. Neither will be 'easy'.

In the unfortunate event that you divorce or your husband dies, your daughter would have legal means of getting support if she is adopted that she won't have with just a name change.

ETA - the presence or absence of a parent's name on the birth certificate has zero bearing on their legal rights as a parents.

Answer 12

Paternity would have to be established first.  Also adoption would be easier that way your husband would be legally responsible and if an emergency arises he will be able to handle it without any problems of trying to locate you if it was necessary.

Answer 13

Either way it is in the courts hands.  Some how or another you will have to get permission from the father or at least let him know of court dates.  He may have abandoned the baby but once you say someone is going to adopt her he might just fight but if you just change her name he might be more accepting with that and just ok where so I sign

Answer 14

Depending on the state you live in, the adoption laws are different.  In many states, since her father has not seen her or paid support since she was born, the courts may automatically terminate his parental rights and allow your husband to adopt her and take on his last name.  I would say it is probably cheaper to just do a name change, but you never know when her real father might get a conscience and decide he wants to be a part of her life again.  I've seen it happen after several years.  A simple name change will not take his rights to her away, and you will have an ugly court battle then.  It may never happen, but isn't it worth the extra money to make sure it won't?   Once his rights are terminated, he can't do anything about it.