Legal Question in Family Law in New Jersey
Stepchild name change without adoption
I live in NJ, and have an 8 year old stepson. I would eventually like to adopt him, however, I have been told that it is about 1500 dollars and a bit of a process involved. My wife has no contact with the biological father. We are moving to a new town in a few months and I was thinking that it would be an ideal time to have his last name changed (at his request) to mine. I was wondering if it is possible to have his name changed, without adopting him at this time. As far as I can understand, the main benefit of adopting him would be that I am legally responsible for him, as if he was my biological son. As far as I am concerned, I would treat it that way regardless of the legal status of our relationship. My wife and I have a 7 month old baby, my stepsons half brother. This is why my stepson would like to have the same name as his brother. Can this be done, and if so, what is the roundabout cost of a name change.
Thanks
1 Answer from Attorneys
Re: Stepchild name change without adoption
You cannot change his name without adopting him. That would take notifying the father to terminate his parental rights. This should be brought in the same court your wife got her divorce. It probably will cost about $1,500 plus court costs. If the father cannot be located after a reasonable search, the notice would be published in a newspaper before the Court would act.