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  1. #1
    Join Date
    May 2016
    Posts
    2

    Default Changing a Child's Name While Residing Outside of the U.S.

    My question involves name change laws in the State of: Texas and international

    Hello all,
    I have rather complex case I am looking for suggestions, sorry for the lengthy message.
    Nine years ago my wife got pregnant, as a result the biological father left her.
    He has never had any contact/support with the my stepchild.

    In the meantime, during the pregnancy, she got engaged with another person and she decided to
    use that person's last name, also for the kid. That marriage lasted only a few months.

    My wife is the only parent on the birth certificate.

    My stepchild was born in Texas (my wife is also an American citizen), while I am an Italian citizen.
    We currently live in Italy (we have been here for about 3 years now).

    So, right now, the kid and my wife still have the name of her former husband (which is not the biological father of the kid... a mess indeed).

    We would like to make the situation easier and start an adoption process, but there are many difficulties (e.g. living in
    another country).

    As an initial resort we were thinking to change his last name with mine. Would it be possible without having to involve
    the biological father? (my wife and I are very concerned that that person might create problems)

    Which is the competent court? the one where the kid was born or the Italian one?

    Additionally, any suggestion as to start the adoption or terminating the biological parental rights (without
    involving this person) would be very appreciated.
    thank you
    best regards
    Paolo

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Change Name, Bio-Father Not on the Birth Certificate, International Laws

    Quote Quoting PaoloA
    View Post
    My question involves name change laws in the State of: Texas and international

    Hello all,
    I have rather complex case I am looking for suggestions, sorry for the lengthy message.
    Nine years ago my wife got pregnant, as a result the biological father left her.
    He has never had any contact/support with the my stepchild.

    In the meantime, during the pregnancy, she got engaged with another person and she decided to
    use that person's last name, also for the kid. That marriage lasted only a few months.

    My wife is the only parent on the birth certificate.

    My stepchild was born in Texas (my wife is also an American citizen), while I am an Italian citizen.
    We currently live in Italy (we have been here for about 3 years now).

    So, right now, the kid and my wife still have the name of her former husband (which is not the biological father of the kid... a mess indeed).

    We would like to make the situation easier and start an adoption process, but there are many difficulties (e.g. living in
    another country).

    As an initial resort we were thinking to change his last name with mine. Would it be possible without having to involve
    the biological father? (my wife and I are very concerned that that person might create problems)

    Which is the competent court? the one where the kid was born or the Italian one?

    Additionally, any suggestion as to start the adoption or terminating the biological parental rights (without
    involving this person) would be very appreciated.
    thank you
    best regards
    Paolo
    Without an adoption I do not believe that you could change his last name in Italy. It is my understanding that Italians retain their birth name their entire lives.

    You could not do it in the US right now either, as the child does not reside in the US, therefore the US does not currently have jurisdiction.

    The biological father currently has no rights to terminate since he never established paternity.

  3. #3
    Join Date
    May 2016
    Posts
    2

    Default Re: Change Name, Bio-Father Not on the Birth Certificate, International Laws

    Thank you for your prompt answer.

    I do not fully understand "parental rights". I came to believe that even if a parent is not registered on the birth certificate, he still has
    parental rights. In an eventual adoption procedure (or even the name change) the biological father should be notified of the procedure.

    Could you please help me in understanding how can parental right be established?

    Actually it is possible to change name in Italy, but you need "good reasons" (the judge decides).
    In case we succeed to change his name in Italy, would this be acknowledged by the US?
    thank you very much
    best regards

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