Legal Question in Family Law in Pennsylvania
name change/adoption/paternity
I had a son in Pennsylvania in 2001.No one was named as the father in the birth certificate.Around the time of conception, I had fallen in love with an old friend whom I met again in this country although I had a long standing boyfriend from my home country.I went back to my home country and soon found out I was pregnant.By that time, I had broken up with my boyfriend.I subsequently returned here to the US and had my baby in PA.I met my old friend again in 2002 in our home country and we got married in 2003.We moved to CA soon after getting married.He has been my sons's dad since the first day they met.We would like to change my son's name to reflect my husband's.Is this a name change or an adoption?Could my old boyfriend claim paternity rights? No contact after we broke up, although he knew I was pregnant.We just want to assume my husband is the father and not undergo expensive tests.How do these procedures affect our papers with the INS?I am on an H1-B visa and my husband has a pending H-4 application that is on appeal with the INS.Could we do the name change or adoption even if we aren't US citizens?Would the social service be involved in these proceedings?My son, now 5, has been asking for dad's name since he was 3.Thank you.
1 Answer from Attorneys
Re: name change/adoption/paternity
Have your husband adopt the child. I will not opine as to the immigation status now. Call me directly at 6192223504.