[yochum]

I have been married to my wife for almost 4 years now and she has a 10 year old daughter whom I would love adopt. The bio father has not seen nor gave any sort of child support in over 5 years. The last we had heard is that he has been in and out of jail in Arizona but we cannot locate him. The girl longs to use my last name and hates her own, it has even brought her to tears to use her last and not mine, and wants nothing more than for me to be her dad as she already thinks of me as such. Is there any inexpensive way to get this done? If not adoption what about a name change so she can have the same last name as the rest of the family and not feel so left out?

[Synnen]

You have to have the bio-father's consent for either adoption or a name change.

However, most uninvolved parents are willing to sign away parental rights in order to have child support waived.

He IS paying child support, right?

If not, get THAT order in place first, THEN go after him to relinquish rights.

I ALWAYS recommend a lawyer in adoption cases. ONE little screw-up on paperwork can make an adoption null and void---and that's the LAST thing you want to find out the hard way.

[stevetcg]

Legal issues aside, you and your daughter can use whatever name you want, as long as there is no intent to defraud.

The name change is likely to be as difficult as the adoption if the bio-father cannot or will not be contacted. I would spring the few grand and get a lawyer.