Legal Question in Family Law in Pennsylvania

Re: Child name change without adoption

You asked about effecting name change to reflect your daughter's familial relationship without her acknowledging that her father is not biological.

It's going to be very tough. In order to effect a name change for a minor both parents must agree. It would be unethical (and illegal) for you and your husband to purport to be the biological parents. Moreover the child and a parent would have to satisfy the court that the name change would effect the solution suitable to the court. Essentially what you are trying to do is a fraud (on the court, the child and the public). That is not to say your heart isn't in the right place or that you are trying to do something corrupt. But you are trying to take the shortcut rather than the path you know to be correct.

It is a blessing that the father is not on the birth certificate. Generally his consent should not be needed for an adoption. But as you know, there is more to being a family than just sharing a name.

First I'll discuss the least acceptable solution: There is nothing wrong with your daughter using the name she wishes without the blessing of the court. Have a discussion with her school administrators. They see the situation regularly and should have no problem making the change "unofficially." In other words, the name on her class schedules will be Jane NewX but the name on her school records will be Jane OldX. For a number of reasons, I suggest that you don't do that.

Now that she is getting into high school she will be developing relationships that may follow her for life. Using a "false" name now may hinder those relationships (e.g. recommendations, keeping track of freinds, etc.).

It may be hard, but go ahead and do the adoption. The military has available legal staff and health (psychological) staff that can help with the respective issues for very low cost.

Adoption is the way to go and will make everything legal. Besides, what will be a relatively minor issue now will be a major issue later. She will need to be told at some point (think worst case scenario and the answer is obvious.)

FYI, either adoption or name change should be done before the age of 16. There actually is no legal reason for that but more of a practical reason. A person's recorded history is essentially established at about that age. (Schoo records, health records, social security, driving record, credit, etc.). Take care of this matter before then.

Regards,

Re: Child name change without adoption

Yes, you can do a name change without an adoption. Would have to publicize the name change petition and hearing in 2 publications. Much less expensive also, than adoption. Please contact me if you would like to discuss further at one of my several office locations.