Post # 1
Not sure if anyone will have any experience with this, but I thought I’d ask, anyway.
My son is from a previous relationship, but his father is not involved at all, and he is not listed on the birth certificate. We are looking into having my husband legally adopt my son, and I know the basic laws for this, so that’s not my question. I would simply like to change my son’s last name at the same time I am changing mine to make things easier. Most states require that I be married to my husband for at least a year before he adopts my son, though, so the name change would be before he has legally adopted him.
I know that I can legally give my son whatever last name I’d like, so I’m assuming I can also change it to whatever I’d like, regardless of if he’s actually adopted or not. I don’t need my ex’s consent to make parental decisions, because he’s not listed on the BC.
The problem I’m running into is that what I’m reading indicates that I need adoption papers when going in to change his last name. This doesn’t make sense to me (read comments above about last names). I can change my last name to Bananahammock if I want, no problem, there’s no legal rules about what you give yourself as a last name, so why would I have to produce adoption papers to change my son’s last name?
Does anyone have any experience with this?
Thanks In Advance 🙂
Post # 3
@les105: I’m guessing the adoption papers are for babies who were adopted (birth mom has baby and gives it up to a totally unrelated couple.) I know I had a friend who gave up a baby and she named the kid one thing, and the adopted couple completely changed her name when they adopted her 2 days after birth.
Post # 4
@les105: Generally, the requirement of having adoption papers is to verify that the legal process has been gone through and that the bio father would have all required notices. The courts don’t want to be changing a child’s name and alienating one parent or the other, so frequently, adoption papers are required when changing the child’s name to make sure that proper notice is given to the parties that need it. It also helps to make sure that there’s a time for thoughtful consideration of the change and the impact (we wouldn’t want a child having his name changed to every new serious SO a parent has, because of the effect it may have on the child).
Post # 5
I changed my oldest son’s last name back to mine when his father decided to exit, stage left…I had to fill out all paperwork, file it in court and have it delivered to him as well. Then I had to post my intentions to change my son’s name at the court house for 60 days so that if anyone wanted to contend it they could. (Kinda weird since anyone could contend it…) I had to provide a notorized statement to the judge that the paperwork had been delivered. I forget how much it cost. After it became official I changed his Birth Certificate and Social Security Card. This all happened in Oregon, so I’m not sure if it’s a federal system, or if each state/county/city has their own rules. Hope that helps at least a little bit. Good luck! Feel free to PM if you have any more questions 🙂