Results 1 to 4 of 4
  1. #1
    Join Date
    May 2007
    Posts
    2

    Default Adoption Without Name Change

    I recently had my son's last name changed (through a petition and court order) to my maiden name. He is being issued a new birth certificate with his new name. The biological father was on the birth certificate, and I'm assuming will still be. He has not had contact with my son in over 7 years, so this name change was a "no brainer" for the court. I am engaged to be married, and in a couple of years will probably be considering adoption, which I believe should go smoothly. The problem is, my fiance's last name is the same as my son's first name. So I'm wondering if he could legally adopt my son (after we are married for some time), add his name as the father to the birth certificate, but keep my son's last name as my maiden name?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Adoption Without Name Change

    That is probably feasible, but will depend upon the laws of the state in which the adoption occurs.

  3. #3
    Join Date
    May 2007
    Posts
    2

    Default Re: Adoption Without Name Change

    Thank you for your quick response. We live in Alabama, so if you have any idea how that would affect it please let me know.
    Thanks again!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Adoption Without Name Change

    The Alabama statute, unfortunately, does not appear helpful to you:
    Quote Quoting Alabama Code Section 26-10A-29 - Name and status of adoptee.
    (a) The adoptee shall take the name designated by the petitioner. After adoption, the adoptee shall be treated as the natural child of the adopting parent or parents and shall have all rights and be subject to all of the duties arising from that relation, including the right of inheritance.

    (b) Upon the final decree of adoption, the natural parents of the adoptee, except for a natural parent who is the spouse of the adopting parent are relieved of all parental responsibility for the adoptee and will have no parental rights over the adoptee.
    I would suggest inquiring with the clerk of the court or, if they can't answer, a local family lawyer to see if there is a procedure to avoid name change as part of an adoption. If it comes down to that, you may have to petition for a name change (with your spouse's consent) after the adoption is complete.

    1. Sponsored Links
       

Similar Threads

  1. Adoption of Children: Trying to Change Last Name or Adoption
    By Joro in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 04-05-2010, 03:06 PM
  2. Adoption of Children: Change of Adoption
    By Angel19 in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 08-12-2009, 02:11 PM
  3. Adoption of Children: Trying to Complete Adoption of a Child in My Care
    By dee3970 in forum Adoption Law and Surrogacy
    Replies: 2
    Last Post: 12-29-2006, 03:52 PM
  4. Adoption and name change
    By ABlackwell in forum Name Change
    Replies: 2
    Last Post: 08-03-2006, 07:12 AM
  5. Adoption of Children: Adoption or last name change?
    By pirrurris in forum Adoption Law and Surrogacy
    Replies: 3
    Last Post: 11-24-2005, 11:09 PM
 
 
Sponsored Links

Legal Help, Information and Resources