How can my boyfriend of two years adopt my son? He has been around since my son was 3 months old and is all my son has ever known. We recently had a child together and I want both of my children to have the same father and last name. My sons father is non-active in his life and I just want my son to have a positive experience as far as a father is concerned. Problem is my fiancé is in Federal prison until 2018. What paperwork needs to be filed? Would I have to have him adopt my son or could I just do a name change on his birth certificate and put my fiancé on as the father? My son has my last name and no father is listed on the certificate.

Depeding on what he is in prison for then he might not be able to adopt after he gets out and you get married. The reason being is he will be checked out before the adoption. Having a father in prison for 6 years isn't exactly the norm.

Most states REQUIRE that you be married at least a year before a step parent adoption can happen.

Most states ALSO require that you have the biological father's permission or prove him a danger to the child to get his rights revoked. Let me be clear: Your job is HARDER because you didn't list him as the father on his birth certificate. Now you have to prove paternity before you can proceed with anything else.

And seriously--what's the point of him adopting if he isn't there to parent anyway? I think that you want the adoption to happen for YOU, not because it's in the best interests of your child.

I just want my son to have a positive experience as far as a father is concerned.

Are you serious? You think a convicted felon provides a positive experience for a father?

But the fact of the matter is, no court is even going to entertain a petition for adoption in this case. As noted, a step-parent adoption requires a step-parent and you don't have one.