Legal Question in Family Law in Texas
My son has his bio father's last name, he is not on the birth certificate and has never seen him. My son is eight years old now and I am married to the only man my son has ever known as a father and we would like to change my son's last name to our's. We have been together since my son was eight months old and we do not want to wait until he is eighteen to do so. How do we legally change his last name?
1 Answer from Attorneys
If the child's biological father agrees to the name change, then it is simply filing a petition and obtaining an order, which is submitted to Bureau of Vital Statistics.
Since the father has had no contact with the child, and is uninterested, he may be willing to terminate his parental rights (in exchange for not paying the child support he is obligated to pay) and your husband can adopt your child. In this way, your husband would legally be the father that he has physically been, all of these years.
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