[hunttrac]

Here's my situation:

I've gotten back with my boyfriend of 8 years and we're now engaged. When we get married, he wants to adopt my 8 month old son and change my son's last name to his.

My son has his biological father's last name. The bio father completed an Affidavit of Parentage when my child was 4 months old. He didnt do it at the hospital because he had to go out of town 12 hours after our son was born.

Can my fiance adopt my son if the biological father refuses to give up parental rights? Can I change my baby's last name without the biological father's consent? (We were never married.) HELP! I live in Michigan.

[Mr. Knowitall]

Can my fiance adopt my son if the biological father refuses to give up parental rights?

Not unless the biological father's parental rights are otherwise terminated, and you haven't indicated that there are any grounds for that.

Can I change my baby's last name without the biological father's consent? (We were never married.)

If there is no court order in effect for custody, you can petition for a name change and provide him with notice as an "interested party". If there is a custody order in effect, you would petition the court which issued the order for a best interests finding approving the name change. (And of course, if the adoption were to go through, you could change the child's name through that process.)

It's usually easier, though, to simply use the preferred name for the child and not jump through the legal hoops. As long as your purpose isn't fraudulent, you can use any name you want.