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Name Change, Removing Father's Name Or Step Parent Adoption

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  • 02-14-2008, 08:48 PM
    jemini
    Name Change, Removing Father's Name Or Step Parent Adoption
    I live in NY. I had a child out of wed lock, the child is now age 14. The father's name is on the birth certificate. However, my child's legal name on the birth certificate reflects my maiden name. It has been almost 10 years, since the biological father has had contact with me or my child, and he has never paid child support. Here are my questions:

    1.) Is it possible to have his name removed from the birth certificate?

    2.) I have been married for 8 years. How do I legally change my child's name to my married name? Would the biological father have to consent, given the above circumstances? Would my consent be enough, since I have the parent child relationship?

    3.) Is a step parent adoption a posibility?

    4.) Can a child legally change their name with only one parental consent? If so, at what age?

    I never imagined how difficult this could be, especially when one parent is not involved. Do they ever lose parental rights after so many years of no contact?

    What is the best solution given my circumstances? Thank you.
  • 02-15-2008, 08:43 PM
    Xena
    Re: Name Change, Removing Father's Name Or Step Parent Adoption
    Quote:

    Quoting jemini
    View Post
    I live in NY. I had a child out of wed lock, the child is now age 14. The father's name is on the birth certificate. However, my child's legal name on the birth certificate reflects my maiden name. It has been almost 10 years, since the biological father has had contact with me or my child, and he has never paid child support. Here are my questions:

    1.) Is it possible to have his name removed from the birth certificate?

    2.) I have been married for 8 years. How do I legally change my child's name to my married name? Would the biological father have to consent, given the above circumstances? Would my consent be enough, since I have the parent child relationship?

    3.) Is a step parent adoption a posibility?

    4.) Can a child legally change their name with only one parental consent? If so, at what age?

    I never imagined how difficult this could be, especially when one parent is not involved. Do they ever lose parental rights after so many years of no contact?

    What is the best solution given my circumstances? Thank you.

    1.) No, you cannot remove the father's name without his rights being legally terminated.

    2.) You will need to notify the legal father, if he refuses to allow the name change, or cannot be found you'll need to file and ask the court to issue an order allowing the name change.

    3.) Yes, a step parent adoption can be a possibilty. However, you really need an attorney for that.

    4.) A "child" can legally change their name without parental consent any time after they are an adult.

    Yes, parental rights can be terminated based on abandonment, but again you really need an attorney for that also.
  • 02-15-2008, 08:47 PM
    Lawrence D. Gorin, Atty.
    Re: Name Change, Removing Father's Name Or Step Parent Adoption
    If your child is now age 14, and it has been almost 10 years since the biological father has had contact with you or the child, and he has never paid child support, you most likely have adequate grounds for a step-parent adoption by your husband. And this would be true even if biological father voiced objection.

    Best advice is to confer with a NY family law lawyer.

    And as part of the step-parent adoption, the child's name would be changed.

    LDG
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