I have a 1 1/2 yr old daughter who's biological father has never seen her. He hasn't tried to be in her life at all, and pays no child support. I opened a case but since then moved from nc to tx where I currently live with my fiancé. My daghter has never had any contact with her biological father, and my fiancé has been taking care of her since she was 9 months old. He wants to adopt her, so do I have to get her biological father to sign over his parental rights to me so my fiancé can adopt my daughter? My fiancé is the only daddy my daughter has ever had and I also want to change her last name to his.. will this come automatically when the adoption occurs, or do we have to do that separately? Do I have to have her biological fathers consent to do that as well?

He cannot sign his rights over to YOU, per se. When you file for adoption he will be asked to sign his rights over to your husband.

The name change will be done as part of the adoption process. You will not need his consent at this point because he will no longer be legally involved with your daughter.

*Most* states are going to require that you be married, possibly for a period before they will allow the adoption. I would recommend speaking to a family law specialist in your area to find out the specifics.