Changing My Son's Last Name to Mine, when We Can't Find Birth-Father

My question involves name change laws in the State of: Illinois
I have gotten married and my son carries his birth-father's last name. He still has his rights but by order of proteciton he hasn't seen his son in almost a year and refuses to do anything to prove he can be a dad. I want my son to have my new name and my husbands, I don't want my son growing up confused about why he has a diffrent last name than his parents. Is there any way we can go about changing his name when the birth-father can't be contacted?

Dad will need to be at least notified and if you don't know where he is, you may need to resort to service by publication. You would be best advised speaking to an attorney about this.

As a side note, your son will only be confused if you make a big deal about it. This country is heavily populated with blended families who grow up perfectly fine. If it's that big of a concern, you and your husband could change your names to match his - a win/win situation because you'll all have the same last name (and that IS the main reason, right?) and Dad doesn't even have to be consulted.

:)

(For what it's worth, and after re-reading your other thread, what you're trying to do is basically referred to as a "back door adoption". Not likely to happen)

These are two diffrent questions. I want to know my options and how we can go about this. If the adoption doesn't happen its not a big deal because his birth-father wont have anything to do with us ( he refuses to do anything to help his case in getting any time with his son) if that is the case and he doesn't get adopted i would atleast like his named to be changed.

Again, if the issue is that you want your names to be the same the easiest option is for you and your husband to change your names to match your son's name.

Much easier.

How do i go about it to get my son's name changed to ours? Is the question i asked and that is the answer i would like to have however, it doesn't mean i'll get it, any information about that would be greatly appreciated. There is a lot reasons i never married his father and i refuse to take his name for any reason. I don't care about the ease i just want to know if there is any way we can go about getting his name changed to ours and what papers we need to get it started and if there is a wait period we need. Just information about that is all i would like.

Thanks for not reading.

Try reading post #2 again.

Sorry i assumed there was more to it.

There is - which is why you need an attorney.

If Dad objects, you should expect the court to order hyphenation. Yourname-Dad'sname or the reverse.

Here's a guide; here are forms.