How can i change my child's last name?

Question

Her father was never there. I am married now and would like to change her last name to my new last name. Do we have to go through adoption to change?

Answer 1

No.  It is possible to just have her name legally changed, but you have to have a very good reason for that.  This would not put your husband's name on her birth certificate as her legal father, but would merely change what's written in her last-name space on the form.

The other way, of course, is step-parent adoption, in which case your new husband would become her legal father for the rest of her life.  This would require that her biological father be notified and have a chance to respond, because his legal rights would have to be terminated first.  Then her birth certificate could be changed and put your husband's name in the space for father.  If her bio-dad cannot be found, a court-appointed lawyer acting for him would respond to the notification.  That is, he would give a legal response -- it doesn't mean he would try to stop the adoption.

Answer 2

Depends on your state.  In some states, if the child was abandoned, you can file for abandonment and then file to change the child's name. This doesn't require adoption at all. Without filing that abandonment claim, you ordinarily would need the father's permission to do so.   I would research the laws of your state or contact a lawyer to figure it all out.

Realize though, that if you just change her name, her stepfather still has no legal right to her.  If say, you died, ordinarily, your maternal family would get custody of your child.  However, if the paternal family filed against it, they could also get custody.  Doesn't matter what is in your will or that the paternal family/father was not involved until now.

Answer 3

You have to have your child's father notified of, and agree to, the potential adoption of your child.  He will have to give up his parental rights over her.  Consult a lawyer.

Good luck with it.

Answer 4

If she is older than 18 then no, but she is prob. younger so it is not an adoption exaclty but close.

Answer 5

The biological father has to give up parental rights or protest the adoption. if he does not show up to court then you will win automatically. Hope this helps

Answer 6

Yes, you do have to go through an adoption for your daughter to have your new last name.