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Old 01-26-2012, 01:34 PM
 
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My room mate has a 7 year old son.

She is thinking about getting married and they want the child to have the man's last name.

Is a name change a part of his adoption of the child?

Would that name change, seal the original birth certificate for the boy?

Could the child assume his adoptive Father's last name, without a new birth certificate?
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Old 01-26-2012, 01:40 PM
 
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Your friend needs to talk to a lawyer who practices family law in your state. There are many things to consider when a step-parent adopts a child.

Generally though, a name change is part of an adoption and a child cannot assume the name of a step-parent without being adopted by the parent.
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Old 01-26-2012, 01:41 PM
 
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Well usually receiving a new birth certificate is part of the process of adoption. So if your friend's husband were to adopt her son and change his name they could get a new birth certificate.

We adopted our kids and have birth certificates with their adoptive names on them. We also kept their original birth certificates just so they have them.

My husband was adopted by his mother's husband (she married him when my husband was 2) and his birth cert has his adoptive father's last name on it.

One thing your friend will need to do though is have her son's father terminate his parental rights, the new husband can't usually adopt otherwise.

Hope that helps!
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Old 01-26-2012, 01:59 PM
 
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The best bet is to consult an attorney. Since this is essentially an adoption by the step-parent, proper steps need to be taken to notify and terminate the rights of the biological parent. Wants that step is complete and a judge approves the adoption, a new birth certificate issued and you can then secure a new Social Security card as well. Since failing to perform propert dilligence in locating and notifying the biological parent whose rights are being terminated can open up issues down the road if that parent wants back into the childs life, you need to make sure you have an attorney do it, to keep that door closed.
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Old 01-27-2012, 05:47 PM
Status: "Summer!" (set 21 days ago)
 
Location: Foot of the Rockies
87,011 posts, read 102,621,396 times
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Quote:
Originally Posted by Marlow View Post
Your friend needs to talk to a lawyer who practices family law in your state. There are many things to consider when a step-parent adopts a child.

Generally though, a name change is part of an adoption and a child cannot assume the name of a step-parent without being adopted by the parent.
Actually, in most states, you can use any name you want as long as there is no intent to defraud.

I do agree, hire an attorney.
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Old 01-27-2012, 05:58 PM
 
Location: Rockwall
678 posts, read 1,299,791 times
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Where does the childs father stand in all of this? Has he relinquished his parental rights? If he has not, this can not proceed until he does.

If he has, an attorney can draft a petition of stepparent addoption and name change. Some states have a waiting period to make sure the stepparent is going to stay around.
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Old 01-27-2012, 09:19 PM
 
Location: Coastal New Jersey
56,102 posts, read 54,581,442 times
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Quote:
Originally Posted by janice35 View Post
My room mate has a 7 year old son.

She is thinking about getting married and they want the child to have the man's last name.

Is a name change a part of his adoption of the child?

Would that name change, seal the original birth certificate for the boy?

Could the child assume his adoptive Father's last name, without a new birth certificate?
My sister married when her daughter was 14, and her husband adopted her daughter and her last name changed to his.
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Old 01-27-2012, 09:23 PM
 
Location: Coastal New Jersey
56,102 posts, read 54,581,442 times
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Quote:
Originally Posted by Dragonfly8 View Post
Where does the childs father stand in all of this? Has he relinquished his parental rights? If he has not, this can not proceed until he does.

If he has, an attorney can draft a petition of stepparent addoption and name change. Some states have a waiting period to make sure the stepparent is going to stay around.
Yes--that is true. My niece's father stopped in and met her once when she was about a week old, and then never showed any interest in her again. (My sister was 18 and the father was 17 when my niece was born.)

Fourteen years later, before my BIL could adopt my niece, my sister had to have papers sent to my niece's father asking him to relinquish his rights to his daughter. He signed the papers, modified to include a provision that my sister would not seek child support for the previous 14 years. He'd denied to his parents that he was the father and by signing the papers was admitting that he was. In the intervening years, DNA testing had come about, and I guess he was aware of that.

Yes, as others have said, consult an attorney.
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Old 01-28-2012, 03:09 PM
 
Location: Whoville....
25,393 posts, read 30,742,486 times
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Quote:
Originally Posted by janice35 View Post
My room mate has a 7 year old son.

She is thinking about getting married and they want the child to have the man's last name.

Is a name change a part of his adoption of the child?

Would that name change, seal the original birth certificate for the boy?

Could the child assume his adoptive Father's last name, without a new birth certificate?
Dh's ex had their son do this. Dh was unaware of the name change (long story but she lived in another state and wasn't about to allow contact with dh and he couldn't afford the legal fees to fight across state lines for visitation.) His name wasn't legally changed to his step father's name until he was 18 and by then he'd been going by that last name for 12 years. I'm not sure how she pulled this off with the schools.
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Old 03-23-2012, 11:28 AM
 
30 posts, read 54,658 times
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Quote:
Originally Posted by Dragonfly8 View Post
Where does the childs father stand in all of this? Has he relinquished his parental rights? If he has not, this can not proceed until he does.

If he has, an attorney can draft a petition of stepparent addoption and name change. Some states have a waiting period to make sure the stepparent is going to stay around.
Yes, that is what happened, the biological Father signed the adoption papers.
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