I'd like to change my daughter's last name from the absent father's to mine, without needing to track him down for permission. What's the easiest way to go about doing this? There is currently no child support order/custody issues of any kind in place... I simply have no contact with him whatsoever. Don't want his money--or his name--associated with my children. If I were to want my new husband to adopt the three children my ex and I had, out of wedlock, that there is currently no child support or custody agreement pending for, would I need to get permission from the biological father? He is listed on one of the birth certificates as the father but not the other two. In situations where it's been years since the last contact with the absent parent, is it true that you can place a newspaper ad in the last town in which the absent parent was last known to be residing, requesting their attention to the matter, and if they don't respond, they relinquish their parental rights to the child, allowing the child to become adopted?

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Originally Posted by melissap15

I'd like to change my daughter's last name from the absent father's to mine, without needing to track him down for permission. What's the easiest way to go about doing this? There is currently no child support order/custody issues of any kind in place...I simply have no contact with him whatsoever. Don't want his money--or his name--associated with my children. If I were to want my new husband to adopt the three children my ex and I had, out of wedlock, that there is currently no child support or custody agreement pending for, would I need to get permission from the biological father? He is listed on one of the birth certificates as the father but not the other two. In situations where it's been years since the last contact with the absent parent, is it true that you can place a newspaper ad in the last town in which the absent parent was last known to be residing, requesting their attention to the matter, and if they don't respond, they relinquish their parental rights to the child, allowing the child to become adopted?

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Dependes on your State - yes, you need the consent of the father in order to adopt and also to change the child's name.

The Court can order service by publication - but the Court has to order it.

Changing a child's legal name or allowing an adoption is a legal process. Both require that both parents agree. Therefore, you will need to contact the children's legal father in either case. If you do not know where he is, you have to show a good faith effort to find him. What that effort must be depends on local laws.

One possible method is advertising in a local paper. If they don't respond this does not automatically relinquish their rights, but it may give the court what it needs to terminate those rights.

I suggest, you go for the adoption and get an attorney to handle it.

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Originally Posted by ScottGem

One possible method is advertising in a local paper. If they don't respond this does not automatically relinquish their rights, but it may give the court what it needs to terminate those rights.

I suggest, you go for the adoption and get an attorney to handle it.

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Scott, let me just add that the notice in the newspaper has to be Court ordered with specific language in a specific newspaper.

Every now and then I see someone who is "running" a generic "notice to the father" ad which, of course, is a waste of time and money. I think it's a form of self help - and legally it makes no difference.