Legal Question in Family Law in California

I would like to know if we can change my son's last name for my husband's name (his stepfather) My son is Peruvian and he has the last name of his biological father who abandoned him when he was 1 years old . He lives in Peru and i can have his consent if that is the case.

My son and I are residents for about 4 years, my son is 6 now and my husband is American. My son and my husband has a very closed father-son relationship since my son was 2 years old. Since adoption would take longer time we were considering the last name change first .

We live in California and can we change the last name of my son with my consent. My husband is the one who is going to ask for it or would be better if i do it?

Thanks again for your answers.


Asked on 10/20/09, 12:24 am

1 Answer from Attorneys
Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

You will need the permission of the natural father, or give him personal notice (since a nearby newspaper will be ineffective). You need to file the papers, publish in a newspaper and then have a hearing. Perhaps an adoption would be best, if you can get the father's permission, that way you only have to do that once.

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Answered on 10/21/09, 8:36 pm


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