My sons real father died when I was eight months pregnant. He now draws a check off him because we proved he was the father with a sibling dna. I got back with my oldest child's father while pregnant, and we have been together ever since, which is almost 7 years.

Can he legally adopt him, so we can all carry the same name, even though he draws a check, or can I change his last name. He carries my maiden name now, not his real fathers last name.

Once he is adopted all ties and benefits from his birth father end.