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If a Step-Parent Adopts Minor Children Do They Have to Take Their Name

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  • 09-10-2012, 09:32 PM
    Klaire LeAnn Caley
    If a Step-Parent Adopts Minor Children Do They Have to Take Their Name
    My question involves name change laws in the State of: New York

    I have full custody of my 2 boys. They have their biological father's last name. I am wanting to change their name to my maiden name. I do know that I have to live in this state 6 months. Their biological father has not seen the boys since Oct 2011, but has contacted them on the phone July 2012. Their biological father is a career criminal and is currently in jail and will be going to prison for an extended amount of time. He is ordered to pay child support, but is currently behind on that. He has 6 Class C felonies and 2 class D felonies. I am wanting to revoke his parental rights. But I guess my main question is: Me and my current boyfriend are getting married and he wants to adopt the boys. Once we get married and he adopts them, do they have to take his last name or can they keep my maiden name?
  • 09-10-2012, 09:38 PM
    Dogmatique
    Re: If a Step-Parent Adopts Minor Children Do They Have to Take Their Name
    If your new husband adopts, you can rename the children whatever you want.

    However the adoption isn't a guarantee - what are the nature of Dad's felonies and how much time are we talking about? How old are the boys?
  • 09-12-2012, 11:35 AM
    zajanica
    Re: If a Step-Parent Adopts Minor Children Do They Have to Take Their Name
    I was in almost the same boat 5 years ago...

    I could rename my child any last name, but also will the bio father just sign away rights so that your new husband can adopt? If he does that it would be easier for you!
  • 09-13-2012, 05:18 AM
    Dogmatique
    Re: If a Step-Parent Adopts Minor Children Do They Have to Take Their Name
    Zajanica, you couldn't just rename your child so easily. That's not how the law actually works.
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