[arhovay]

I am trying to get my sons name changed to my last name. His biological father signed over all rights to him twice. I want to change his name to my husbands last name as he is currently trying to adopt my son. Can I do this without contacting the biological father since he has already given up all rights or do I have to get his permission?

[ylaira]

You have to contact him to sign the documents for adoption. Where are you from?

[arhovay]

We are in Missouri. Do I still have to get his permission even though he has legally signed over his rights as a parent? I had this done the first time and the attorney had me do this again a few years later to make sure it was concrete. If I have these legal documents doesn't that mean that he no longer matters?

[ScottGem]

Are you saying a court approved the termination of his rights? If so, why didn't you include a name change at the time of the court decision.

To change his name to your current husbands will have to wait until the adoption is finalized.

However, a person can go by any name they want as long as there is no intent to defraud. So your son can go by your huband's name until the legal change can be processed.

[arhovay]

Unfortunately I was young and did not understand everything at the time. I went to an attorney when his biological father told me he did not want to pay anything and wanted to terminate his rights. The attorney told me that if he wanted to voluntarily terminate his rights he would have to sign legal documents to do so which I then took to him and he did sign them legally. He has paid no child support for over nine years nor has he had anything to do with him all of his own doing. So I guess what I am trying to figure out is if my son's bio father did this voluntarily of his own will and I have legal papers to prove it why would he have to be contacted and give permission for this name change.

[stinawords]

These two posts need combined so the entire situation can be seen at once.

[ScottGem]

A parent cannot just sign away their rights and responsibilities. A Termination of Parental Rights (TPR) can only be granted by a court. So I don't know what the attorney prepared or what was signed. But I have my doubts that his rights were terminated.

But really that is a moot point. For you to legally change your son's name to your husband's he will need to adopt him. So what you NEED to do is get an attorney (not the same one) to prepare the adoption papers. Show the attorney what the bio father signed and maybe that will be enough to get allow for the adoption.