[Schultza]

My son has my maiden name as his last name. I got married 2 years ago and want my son to have my husbands last name. His biological father is not on the birth certificate and has not contributed anything for my son. My husband has been there since my son was 3 months old. Where do I go to get this process started in WI - Racine County.

[cjonline]

Go to a local adoption attorney. You will need the bio-dad's concent to do it but if he is not in the picture then that most likely won't be a problem. I'm not sure how you could or even if you can go about an adoption without the bio-dad agreeing.

Talk to an attorney and they will tell you everything you need to go forward. Most will do an interview for free. Good luck.

[macksmom]

Are you wanting your husband to adopt your son? If so, I would bypass the name changing and go straight for the adoption, after which you can easily change his last name.

If not, or in either case, you are going to need the consent of the bio father... all you will have to do if you don't know where he is, is petition for the name change in court. You will have to go to court to speak to the judge and let he/she know you don't know where the bio father is and he has never made any contact or child support payments for your son. It would then be the judges decision weather or not he/she thinks it is in the best interest of the child to change his last name.

[kyarasmom]

I know here in NY if the father is not on the birth certificate and if he never signed that paternity papers at the time of birth he is not legally considered the father. I was told this at the time of my daughters birth when her father questioned signing so many papers.

Best of luck to you!