[Mikarleana]

If my ex husband will not sign off rights for adoption, can my children use my husband of 3 years, lastname? My kids hate their dad and their lastnames. I know they can't sign legal forms with it, but can they say that their lastname is the same as mine and my husbands?

[ScottGem]

In the US a person can use any name they want as long as there is no intent to defraud. So yes, they can.

[macksmom]

Yes they can, although it will not legally be their last name.

I chose not to do this for my child. She had MY last name, not her biological fathers. When I got married I wanted to change her last name, even with MY last name I would still have to get permission from her bio father. I thought about just using my married last name for her, but I thought down the road it would get too confusing for her... I mean using one last name, but legally having to use another. So she uses my maiden name.