Legal Question in Family Law in Alabama

My son's biological father is not in the picture, nor is he on the birth certificate. My husband at the time of his birth(ex-husband now) is listed as the legal father on his birth certificate. I have since remarried to a man that my son knows as "daddy". My ex- husband says he would be glad to "sign off" the certificate. What needs to happen for my husband now(his "daddy") to be listed as the legal father, and for my son to legally carry his name? We live in Alabama, and we have been told different things.


Asked on 9/03/10, 7:30 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

I can help you. First of all, the biological father is totally without rights as the legal father is the only one recognized under Alabama law. Your current husband can adopt the child. In order to do this there are Alabama probate laws which have to be taken into consideration. First the ex-husband would have to consent to the adoption and then the adoption process could proceed which would include the name change. Please let me know if I can be of assistance to you as I am in Birmingham,. You may contact me through my web site which has my telephone number and email address.

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Answered on 9/09/10, 6:05 am


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