How do I go about getting my daughter’s last name changed to my soon-to-be husband’s last name?

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How do I go about getting my daughter’s last name changed to my soon-to-be husband’s last name?

My fiance and I are getting married. I have a 23 month old child. Currently my child has my last name. Her birth father hasn’t been involved in her life his name isn’t on the birth certificate because he wasn’t present for the birth by choice. Also, how can my soon-to-be husband adopt my child or have legal rights to her?

Asked on October 27, 2012 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to legally change your daughter's surname you should consult with a family law attorney about the process of filing the petition, the hearing and publication of such where all interested parties as to the child (including her biological father) would be served with the petition. From there you go through with the process to see and see if anyone contests and then you let the court make a decision on the matter.

The only way the natural father can legally terminate his parental rights of his child is to go through a court ordered adoption where some other person such as your soon to be husband adopts your child via a court order.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

How wonderful for you and for your daughter.  In order to make you a "legal " family, once you are married your husband would have to apply to adpt your daughter.  This would include termination of her natural father's parental rights.  It sounds as if her father may terminate them voluntarily given the situation and that would help because termination is a very difficult thing.  If he would not voluntarily terminate his parentage then you would have to bring a petition to do so.  Good luck.


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