I think, an adoption is an adoption, but a name change is just a name change. My website is eriksmith.org. Karla King is a passionate open adoption advocate, adoptive mom, foster mom, wife, reader, avid creator of … The article also talks about where to find lawyers in your area. Additionally, if one parent is deceased, the other parent may change the last name of a child. Step 1 File a name change … You can keep the name given at birth. Use the second set of instructions if only one parent will file the request for name change. You can often do a stepparent adoption without the expense of a lawyer -- check your state court's website for do-it-yourself information. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Is it possible to change my son's name to my new husband's last name without having to obtain the consent of his absent father or prove abandonment? You then pay the fee (around $10 here), and the court will contact you with a court date. I have since remarried. Can a child have their step-father's last name without being adopted by him? Visit the official website of the Colorado Courts. A parentage judgment includes an order to change the child’s name — This means the process will include an Order to Amend Birth Certificate. I would like to correct the spelling on the first name and change the middle names to a good southern name and of course share the last name with her. It does not place children for adoption or match birth parents and adoptive parents. The first thing you have to ascertain is, who exactly is the child’s “legal” father. Do Not Sell My Personal Information, Building a Parenting Agreement That Works, Nolo's Essential Guide to Child Custody & Support, Child Custody, Child Support & Visitation. My husband wants to go through the process of giving his daughter his last name hyphenated with the mother's maiden name, because her mom won't agree to it solely being my husband's last name. You can keep the first and middle name while changing just the last name. You go to the courthouse and get a petition for name change. HELP!! Even if you change your son's name, it won't change his legal relationship to your current husband. I only visit my website when I add to it, and I haven't added anything in a few months. Changing a name does just that -- and no more. "There’s no rule of thumb," says Jennifer Traficanti, director of child services of the Massachusetts Adoption Resource Exchange (MARE). Changing a child's last name is used in adoption cases or to reflect a new family unit created by the addition of an involved stepparent. I've heard of that attorney and I have read some good and bad stories about his office. An adoption severs the parent-child relationship between the child and his biological parents and creates a parent-child relationship between you and the child. Use the first set of instructions if you and the other parent agree to file the request for name change together. In a situation where parental rights of one parent has been legally terminated, the other parent may change the child's last name without permission. Yes I would like any info you can send me. They including the daughter want everyone in their house to have the same last name, they have a 3 year old also. Children cannot change their last name until they are of legal age, but if you have sole custody, you can change your child's name by filling out a few different papers and submitting them to the courthouse, following the proper legal channels. He's a big father's rights attorney. If both parents consent to the name change: If the child is over one year old but still a minor, you may file a Petition for Name Change. Adoption.com is not a licensed adoption agency or facilitator and it does not provide professional, legal or medical advice. First, I can only give general advice since I am not an attorney. Changing a child's name is easiest if both parents file a petition together. If the parents disagree, they are entitled to a trial to present evidence supporting their reasons for wanting the name change or objecting to the proposed name change. Adoptions are not usually required when a parent simply wants to change her child's name. The attorney listings on this site are paid attorney advertising. In order to legally change your child’s name, there is a relatively simple but important process. Adoption is often a case of middle-class families taking on children from non-middle-class backgrounds, and when those families worry about taking on a child because their name … To change the surname of your adopted child to your family surname, the adoption certificate is sufficient documentary evidence — you do not need a deed poll.. If your child is under 16 years old, potentially both parents will have to consent to a change in the child’s name. You can … But the forms sent ask that he sign the informed consent papers to terminate any parental rights and also state in a section that it will terminate his rights whether or not any agreement for visitation or communication had been discussed or agreed upon. You can then complete a petition and file it with the court. In certain circumstances, however, you can change your child’s name without the child’s “legal” father’s consent. Parent 1 completes their part Parent 1 attaches consent from the child, if applicable If the child is 12 years or older, their name can’t be changed without their … The following things need to be done in order to complete a legal name change for a child: The parent files a petition with the county court requesting the name change. To legally change your child's last name, you need court permission. And your husband cannot have his parental rights terminated, or his daughter's name changed, without notice and an opportunity to be heard and voice his objections. You don't need to file to change your child’s name if: You’re adopting a child and want to change their name as part of the adoption process — See The Court Adoption Process for more information. It will ask you the reason for the name change and you have to have it notorized that you are not doing it bc of criminal reasons. That is basic constitutional law. ©2020 Adoption.com LLC, a service of The Gladney Center for Adoption. Change a child’s name You can change the name of a child under 18 (sometimes called a ‘minor’) by ‘enrolling’ their new name at the Royal Courts of Justice. if you have gone to court and lost custody and she has full custody, then she can adopt them with her new partner. The judge will then remove the consent requirement. You must provide the court with the new name you want for your child and with information on why you want to change the child's name. For the majority of families, changing the child’s last name is a given, but the first name requires careful consideration. If the parents are in agreement, they may file for a name change with the court. A changed name does not mean that rights have been removed. In a situation where the mother has sole physical custody , is not married, and where paternal rights have not been established, the mother may change the child's last name without permission. Many schools and other governmental agencies won't do a name change without some sort of a court order, and these days you're likely to have a hard time getting a name change accepted without one. To change your child's last name, file the petition, notify the other parent and convince the court that the name change is in the child's best interests. You are the child's guardian : Currently involved in a family law case If you are involved in a family law case like parentage, child support, adoption or child custody, etc, and there has not been a final judgment yet, you can ask that the name be changed as part of the judgment on Form FL-250 My husband is contimplating letting the mother of his daughter and her new husband, adopt his nine year daughter. If the child is 10 years of age or older, he or she must sign the form. The non-consenting parent must be served with copies of the name change papers and given a chance to object. Changing a name can be a wonderful way to give your child control of part of the situation they’ve been placed in. You can certainly hire an attorney to change the minor's name for less than an adoption, but I would discourage you from doing so. If you have religious, philosophical or cultural reasons to have only one name, you need to include a letter of explanation with your application. If you want to legally change a child's gender (with or without a name change too), proceed with this option. All rights reserved. The easiest way to change your stepchild's name is to get the permission of the biological parent you aren't married to, who is usually the father. Their new name has to consist of one surname and one or more other names. There could be a few reasons why someone might want to change the last name of a child. In my state the forms are on-line. It’s their right as parents to make that choice. You can go to martindalehubbel.com or call your county bar association. The one child has a "misspelled" first name, 2 middle names from a religion very different from our own and a last name. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. He's in Illinois, probably chicago. This sounds like something Attorney Leving would get into. ©2020 Adoption.com LLC, a service of The Gladney Center for Adoption. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. For example, if the child is raised by the mother, and the father isn't present, the mother may want the child to have her last name. Thanks. Read on for more information about how to petition for a child's name change when only one parent is asking for the name change. What is a “known as” name? A person with parental responsibility for a child is able to change any part of that child’s name. You go to the courthouse and get a petition for name change. On the other hand, an older child may be able to clearly convey his or her feelings regarding a name change, and if a change is desired, the child may be interested in choosing the name. YES, you can change a child's name without changing the status of the child within your family. A judge may or may not grant a child's name change without the other parent's consent. In my state the forms are on-line. Search for him on the web and call him. Hello, I have a real delima. You can change all or part of your child’s name. Is there anyway that he can do a name change without the adoption. Many schools and other governmental agencies won't do a name change without some sort of a court order, and these days you're likely to have a hard time getting a name change accepted without one. For example, a person with PR can change a child’s forename, surname (or both), add names, remove names, and change the spelling of their name. What you can change your child’s name to. So, if you are naming an infant after adoption, you have many options. My father wasnt notified and by the time he had found out to much time had passed, making it impossible to do anything about it. ", Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The other child has a good southern first name, so keeping it isn't an issue. Stepparent adoption is more than we can afford. We live 6 states away and only get to see her maybe 2 times a year, but they have had a father daughter relationship up till this point, The mother says she will let the father see her and have contact, without the father paying child support, which by the way has never been late. Advice on adopting a child. If you want to ask a judge to legally change your child’s name, use the Instructions & Forms. Privacy Notice and If a child is under 12 months, you may not need a court order. You can talk to your child's school and see if they would be willing to accept a letter from you to change his name on their records, but don't be too shocked if they say "no." This is his only child. Terms of Service, If you really don't want to go through any court proceeding, you can try an informal name change, but you're unlikely to get very far. His father and I are divorced, and have had no contact for ten years. I can't remember his first name. "It’s truly a personal decision for families. It'd just look like he was the dad but he'd have no actual rights to the child. It sounds like your current husband is actually parenting your son, and an adoption will shift legal parental rights and responsibilities to him, which will protect both your husband and your son. I suppose this message might be coming too late, but I feel compelled to answer it. That would be signing away all his parental rights. Community Rules. While in principle, I suppose you are right Erik, we are allowed to have our day in court as long as we are notified. I think there is an article on there about how to prevent your infant from being adopted. You can talk to your child's school and see if they would be willing to accept a letter from you to change his name on their records, but don't be too shocked if they say "no. She was even reissued a new birth certificate listing myself and my husband as the parents. A deed poll is a legal document that proves a change of name. Your husband can go to the family court and find out, as this would be in violation of the fathers rights to his child. You can't change the name of a child who is over the age of 13 and was found to have committed a crime that would have been a felony offense for an adult. The adoption itself will require termination of parental rights from a legal standpoint but he can add a provision relative to visitation and participation in the child's life ... which from the sound of your posting is not the problem ... and if it is easier for the child and she wants it my advice would be to grant the wish ... another route to take is a Guardianship Agreement which again petitions the court and I believe would allow name change or the use of her step-father's name ... where it would be noted most would be in the future when she applies for a security card, job, security clearance, etc. If you want them to have a parent-child relationship, you should probably reconsider the possibility of stepparent adoption. Getting the absent father's consent to the adoption -- or proving it is not necessary -- should not be a problem in your case. In some states, the information on this website may be considered a lawyer referral service. As I said, there is no real rule when it comes to naming a child. YES, you can change a child's name without changing the status of the child within your family. The judge will then determine whether a name change is in the child’s best interests. Is there anyway since it means so much to the other parties to have the name changed, for this to be done without an adoption? yes, you are correct, if a legal name change did not happen, nor an adoption, the childs name should be the one on the childs birth certificate. "It is possible, however, to change a child's name without the process of adoption through petitioning the court for a name change by filing certain paperwork.How this works will … It will ask you the reason for the name change and you have to have it notorized that you are not doing it bc of criminal reasons. If you can show the court that the father hasn't communicated with or supported your son for a year or more, the judge should conclude that he has abandoned your son. You’ll have to find what you can and cannot live with. The answer depends on whether both parents agree to the name change. You go before a judge and he/she will either grant or deny your request. She can also change their names if she has filed that you abondoned the children. Yes it is possible, my mother changed my name with out my fathers knowledge. But adoptions and name changes are two totally separate things. * When we adopted our daughter her name was automatically legally changed to our last name. You then go down to the Soc Security Admin and get a new SS number. I have full custody of my 12-year old son. An adoption petition generally can be modified to include a provision identifying the purpose of the adoption as well as any conditions relative to it. My step-daughter's last name is currently her mother's maiden name. You also must declare your name, address, date of birth, email address, and phone number. 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