My son's biological father has not been in the picture since I was 3 months pregnant, his name is not on the birth certificate. I've been with my boyfriend since my son was 2 months old, and we are getting married in August. We want him to adopt my son, but I'm not sure how to go about it. Does his biological father have to give up his rights? How much is it going to cost? Can I change my sons last name? Right now he has my last name, but I would like him to have my fiance's last name. If you have any advice for me please email me!
Thank you!
My friend went through this also. She called a lawyer for a free phone consultation. He gave her the info she needed. It was simple. An ad was put in the newspaper for about 3 weeks. When there was no response to it, the new daddy was able to adopt. Call any lawyer and they will tell you all about it.
This very same thing happened with my little brother!! (Now he is 23) Since there was no name on his birth cert. My step mother and dad went into the court house where his birth cert is kept and said that my father was his father and my father agreed. They then put his name on my brother birth cert and did a name change for like $10. My step mother had no contact with my brother's bio father so this way was a lot cheaper. No what the exact laws are I don't know but what I do know is that to this day my brother has my fathers last name!
Hi A.,
Definitely get a family law attorney.
I wish I knew one to recommend.
Yes, the biological father has to give us his rights. Your son cannot have your future husband's last name until he is officially adopted (if the biological father agrees). We adopted our son and used a wonderful adoption attorney. You will need an attorney to do any of thise. Call Tom Hanrahan ###-###-####
Good luck to you.
Is SD (as I like to call the dead beats � Sperm donor) on the Birth certificate? If not the cheaper route to go would be to just change your sons last name legally to your soon to be fianc�s last name. It is simple to do but it does cost about $300. I did it that way and it is way less of a pain than anything else. In IL SD would have to give up all rights and sometimes even in that case it�s all up to the courts to decide. Also in attorney and court costs it becomes thousands of dollars even if SD was to agree to sign off. I just changed my sons last name from my maiden name to my married name I filed in August and it was changed in September. Good luck if you have any questions feel free to email me I don�t mind helping
J
My understanding is that all adoptions run the same way, regardless of whether the adopting parent knows the child. You would go through the same channels as if you were both seeking to adopt a newborn who was unknown to you.
Start with DCFS (Division of Child & Family Services). While procedures can't be bypassed, sometimes the legal fees can be reduced significantly if you work with your state agency. In Illinois, all prospective adopting parents need to be certified to be foster parents, and there are classes and investigations surrounding that.
Once your fiance adopts your son, he will be issued a new birth certificate with your fiance listed as his father. And your son's name can be changed then; it's usually done that way, as a '2-for-1' deal.
But you might need a parental release from his bio father, depending how long it's been since he abandoned you/your son. Generally it's 7 years, after which you don't need permission. But check with the agency and see what they say.
Good luck, and congratulations.
A.
Hi -
Congratulations on your upcoming wedding! That is very exciting. When you get married and go to the social security office to change your name you can change your son's name as well. If you haven't got one yet I recommend getting a bride's name change kit. It has forms for everything to make it nice and easy on you. You can get them onling for about $20.
Not sure how you go about adoption, but I don't think it should be too hard since the biological father isn't on the birth certificate. By the way, congratulations on finding one of the good ones who is as committed to your child as he is to you. Good luck to all of you.
I was in the same situation a few years ago...my lawyer, Lynn Weisberg put an ad in a legal newpaper to notify my son's father and after 30 days if he didn't respond, we set a court date for adoption. It was very easy and affodable. I think everything cost $1800.00. She is very good. If you need her ph#/address, I will get it for you.
Good Luck!
Hi A.,
I have personal experience with the same situation. I was told by my lawyer that you need to make every attempt at reaching your son's biological father to have him relinquish his parental rights. If you are unsuccessful then your new husband can adopt. I hope that helps a little.
P.
after going threw some custody issues with my boyfriend and his X, i picked up on a couple of things (which when you speak to a lawyer thye will tell you the same)
You sons fathers only right is to say we have the same DNA!!!
Because you were not married when you baby was born you have all the rights to the baby. Yes, im sure you have to give the curtesy of informing him of you decision(after all he's done so much and he deservs that !! hahaha)
But again you have all the rights to your son, i guess its like saying you don't know your sons father cause he was never there. but im sure you can find an inexpensive lawyer to talk to or just call the court house and find out what steps you can take to file on your own w/o a lawyer. Good luck....
