I have a 21 month old son. On his birth certificate his biological father is listed. Fortunatly his father hasn't been active in his life since he was five months old. I'm now in a relationship with a man that plans to marry me. My fiancé has been present in my sons life since he was six months old, and together we decided that he wants my son to have his last name. Since my sons biological father wants nothing to do with him; and I don't want to deal with his father either, nor do I want to collect child support from him or anything. How do my fiancé and I go about getting our sons name changed? Also if we change my sons last name to my fiancés will he become the father on his birth certificate??

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Originally Posted by Shinobi06

,.... (can) we change my sons last name to my fiances will he become the father on his birth certificate?????

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No. Your fiancé can marry you, and accept your son as member of his family , but on your sons birth certificate the name of the father can not be changed (as far as I know).
;)

You must go through the adoption process.

That means getting the biological father to sign over his rights, and having your fiancé adopt. Many states will not allow a fiancé to adopt--you may have to be married before you can start the process.

You will NEED a lawyer for this. Talk to one that specializes in family law.

PS--why change the name on the birth certificate? Even if the guy is never around, your child has the right to know his biological heritage.

I hope you wait until you've been married a while, before taking any action like this. Courts seldom allow fiancés to adopt, or terminate a fathers rights, to a future husband. See an attorney for a free consultation, as to the legal process and the expense. The bigger question is will you keep your child's origins a secret from him, as I think his birth certificate is not going to be changed, and the bio father will have a strong say in this process.

There are several threads that talk about this, both in this forum and the Family Law forum.

As noted, to get the name legally changed, your fiancée has to adopt. And you may need to wait until you are married. Plus the bio fahter must agree to relinquish his rights.

An attorney will tell you what you need to do and when you can do it and file the papers for you.

Yes, to sum up what has been said,

1. most courts want to see a longer term relatinship and many will look for the couple to be married ( but not all courts)

2. why are you not getting your child's money from the bio father, that is cheating the child out of the child's money, ** it is the child's money not yours

3. nothing will happen unless the bio father agrees to it. And to be honest often if they know they will not have to pay child support, after paying it, they are sometimes happy to sign for adoption

4. you will need an attorney, a formal request to adopt the child with paper work your ex signed to give his rights and permission to adopt.

If you and the new husband latter split he has to know he will be held liable for all future child support