My daughter is 10 months old, and my husband and I would like for her to have our last name. We are not sure who her bio father is, but we are trying to get the person who I am sure it is to do a paternity test and he hasn't complied with it or anything else. Is there anyway that we could just do it without the hassle of trying to find out who her bio father is first?

Were you married when the child was born ?

No, we have been married for 2 months, but together off and on for 7 years

Take the bio father to court for child support and they can order a DNA test through the courts. Start there

1. Get a lawyer.
2. Go to court to establish paternity
3. Go to court to get child support set up.
4. Ask the father to relinquish parental rights in order to not have to pay child support.
5. If he agrees, file adoption paperwork
6. If he doesn't agree, and you can't prove him a danger to the child--well, then you can't adopt.