My girlfriend and I have a five year old son. His Bio-pop has only seen him when he was five days old, and has had no contact (not physically or financially) since. Although we are planning to wed in a year and a half, I would like to give my son my last name before he starts first grade. What do I need to do?

I am somewhat confused by the you and your girlfriend have a 5 year old son part of this post. She has a child by another man and you are raising that child? Is that correct?

You cannot adopt unless you are in a stable marriage (usually 1 year) and have the written consent of the father.

Why hasn't the mother ever asked for support?

In my area the child must be registered at school in the same name that is on the birth certificate (no exceptions). I realize that not all school districts are the same.

Are you asking about a legal name change, approved by the Court? I don't see that being approved based on a forthcoming marriage and adoption.

Whose last name does the child have now?

We are in fl. She ask for support, but never got any and eventually gave up asking. The child does have the bio pop's last name but I am wanting to adopt his as my son because the bio pop does not want to be involved and I have raised him since he was a baby.

1. Get married.
2. Get a lawyer
3. Get the biological father to relinquish rights. If he'll do this willingly, then it should be easy
4. File adoption paperwork with the courts.

Yes, you CAN do this without a lawyer. I don't recommend you do so.

I just did my adoption, and we are NOT married, it is only advised that you live with the parent and child for at the least 6 months... We did however have to get a lawyer and you will need the biological father to relinquish his paternal rights of said child. You can do this without a lawyer however like the previous post, it is NOT advised to do so. You need to start by getting (usually) free, quotes from a family law attorney.

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Originally Posted by Shesa

I just did my adoption, and we are NOT married, it is only advised that you live with the parent and child for at the least 6 months... We did however have to get a lawyer and you will need the biological father to relinquish his paternal rights of said child. You can do this without a lawyer however like the previous post, it is NOT advised to do so. You need to start by getting (usually) free, quotes from a family law attorney.

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Please remember that whether you can adopt without marriage varies by state.

Everything I can find on Florida (where the OP is from) adoption SPECIFICALLY states step-parent--not boyfriend/girlfriend/fiance of the natural parent with custody. That means they need to be married, though I cannot find a specific time frame recommended.

Why in the world would you legally bind your child to someone who you are not legally bound to yourself?

Quote:

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Originally Posted by Shesa

I just did my adoption, and we are NOT married, it is only advised that you live with the parent and child for at the least 6 months... We did however have to get a lawyer and you will need the biological father to relinquish his paternal rights of said child. You can do this without a lawyer however like the previous post, it is NOT advised to do so. You need to start by getting (usually) free, quotes from a family law attorney.

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What State?