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Lb22sjc
Dec 1, 2010, 06:02 PM
I recently got married 5 months ago and have 2 children from previous relationships. My husband wants to adopt my son's and for them to have his last name. Neither of their fathers are on their birth certificates and haven't paid any child support at all. How and where do we go about getting their last names changed so we all have the same last name?!

Fr_Chuck
Dec 1, 2010, 06:23 PM
You will have to get the bio fathers permission for your new husband to adopt.

Lb22sjc
Dec 1, 2010, 06:24 PM
Wait, even though they are not on the birth certificates, I still have to get their permission from them in order for my husband to adopt them>!! What if I just want to legally change their last name?

Synnen
Dec 1, 2010, 06:45 PM
You need the biological father's permission to change a last name too.

This is WHY you put the jerk's name on the birth certificate at the time of the birth. Well, that and that your child DESERVES to know his biological background, jerk or no jerk. Especially in an age of needing medical background.

So--yes, you need to find the fathers or make a reasonable attempt to do so, and get them to relinquish in court to clear the way for an adoption.

Child support, by the way, has NOTHING to do with parental rights. Have you even FILED for child support, through the courts? They don't owe ANYTHING if you haven't.

Fr_Chuck
Dec 1, 2010, 07:07 PM
Yes, you have to get the bio dads permission

Being on or not on the Birth certificate does not make any difference.

In fact if he is not on it, it can make it harder, since he may demand a DNA test if patenity has not been prveiously proved.

But not listing him did not take away any of his rights