Legal Question in Family Law in Maryland

Name change / Adoption for Minor and bio father NOT on birth certificate.

I am planning to get married. My soon-to-be husband wants my son to have his last name. I understand the process for name change but do I have to get consent from the biological father since his name is not on the birth certificate. He has not been in my son's life, although he knows about him. He has not provided child support.

My husband-to-be has been the ''Father'' my son has known. Should I be trying to do a name change or an adoption?

Thanks for your help.


Asked on 4/07/06, 3:33 pm

2 Answers from Attorneys
Joseph Laumann Law Office of Joseph Laumann, PA

Re: Name change / Adoption for Minor and bio father NOT on birth certificate.

If your finacee' wants to be responsible for the child, as the legal parent, then an adoption is appropriate. However, you would also need the consent of the other parent, which could be difficult.

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Answered on 4/13/06, 8:37 am
Robert Sher Wagshal and Sher

Re: Name change / Adoption for Minor and bio father NOT on birth certificate.

If you want your fiancee to be the legal father, and thereby be responsible for supporting the child, you should petition for adoption.

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Answered on 4/07/06, 4:44 pm


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