Legal Question in Family Law in Massachusetts

Is adoption required for child born out-of-wedlock?

My mate and I had a child out-of-wedlock five years ago and have now decided to formally get married after living together as a family since before our daughter's birth. As our child's biological father (as noted on the birth certificate), do I need to legally adopt my child after the marriage, or will our child (5yrs old) just legally assume my last name when her mother does? What exactly do we have to do to ensure that our daughter has my last name, and is completely and legally recognized as OUR child in all respects?


Asked on 1/10/02, 1:49 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Re: Is adoption required for child born out-of-wedlock?

No adoption is necessary by biological parents. Both parents are already the legal parents. By virtue of the marriage of the two parties the child is now the lawful child of the marriage. The parties can change the name of the child by usage. No court order is required.

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Answered on 1/12/02, 7:52 am


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