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Adoption, name change


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#1 AG2008

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Posted 25 January 2013 - 09:31 AM

My husband has raised my son since he was 7 years old, He is now 15, his real father has never had anything to do with him physically or financially. My son has expressed desire for my husband to legally adopt him and to carry my husbands last name. Can that be done? The only thing we know about the whereabouts of my sons father is that he is no longer in the state. What avenues can I persue?

#2 pg1067

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Posted 25 January 2013 - 09:47 AM

In the abstract, virtually anything is possible.

You should contact a local attorney to discuss how the process works in your unidentified state. Obviously, you'll need to have your son's father's rights terminated in order for the adoption to occur, and you should assume that you will have to spend some time and/or money trying to track down your son's father to give him notice of those proceedings.

#3 FindLaw_Amir

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Posted 25 January 2013 - 10:03 AM

You may wish to visit the Family Law Center and read How to Legally Change Your Name as a good resource to learn more about this subject matter. For further clarification, I suggest you consult with a local lawyer. You can ask all of your questions to a local lawyer for less than $13 per month and also get discounted legal representation if you need by signing up for LegalStreet.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 adjusterjack

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Posted 25 January 2013 - 04:04 PM

My husband has raised my son since he was 7 years old, He is now 15, his real father has never had anything to do with him physically or financially. My son has expressed desire for my husband to legally adopt him and to carry my husbands last name. Can that be done? The only thing we know about the whereabouts of my sons father is that he is no longer in the state. What avenues can I persue?


You're in for a potentially costly hassle trying to locate the father and obtain consent.

Try teaching your son that biology may make a father but it doesn't take a piece of paper to make a Dad.

When he's 18 he can go to court for a few bucks and get his name legally changed without any hassle. He'll also learn patience along the way.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 Froggy1207

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Posted 22 February 2013 - 05:45 PM

Actually if you cannot locate the bio dad then you can ask the judge to issue a publication in the paper. If bio dad doesn't answer to the publication you will get your adoption on default. You basically have an open and shut case. Good luck!




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