Legal Question in Family Law in Oklahoma
Name Change
I have a 16 year old son. He will be 17 this next January.
His biological father who lives in Minnesota has never maintained a relationship with him. In fact he has seen him just twice in 8 years. My present husband has been in his life since the age of 3. My son feels my present husband is his father. He has been the one to be actively involved in all
of his activities through out the years. He has approached us and is very much wanting to take his stepdads last name.
Now does he have to wait until he is 18, or since his biological dad has never been involved in his life, can he do this without him involved? Or does my present husband have to adopt him?
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1 Answer from Attorneys
Re: Name Change
Thank you for your question. The most economical and easiest way would be for the child to wait until he becomes 18 when he no longer a minor, and then he can petition for the name change on his own, if change of name is the only result you are seeking. One Oklahoma case has refused the name change of a minor where the natural father objected. Although the statute does not specifically require notice to be given the father, a Supreme court decision has held that the non-custodial parent must receive notice.
The name change alone will not be the same as an adoption. Your son would not inherit from your husband simply by doing a name change if that is a consideration.
Your statement that the "father" has not maintained a social relationship with your son does not change any of the above opinions of mine. The same would be true even if he has not been paying support. However these two factors would most likely be grounds to terminate his parental rights which would be necessary in order for your husband to adopt.
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