Legal Question in Family Law in Virginia

Name change/Adoption

I have sole custody of my 5 yr old. His father has been absent since he was 8 mnts. I will be marrying soon & my fiance would like to adopt him. My fiance is who he looks up to & calls ''Daddy''. is it possible to have the biological fathers rights revoked &/or can my fiance adopt him? Also, can my son's last name be changed to that of his step father's? (He has his biological's last name).


Asked on 9/20/07, 6:49 am

2 Answers from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

Re: Name change/Adoption

The easy way is to have the bio father agree to the adoption. If he cannot be found, or if he is unwilling, it is possible to file to terminate his parental rights so that the adoption can go forward without his consent.

Many bio fathers who are at risk of paying child support will be willing to consent to a step-parent adoption since it means the end of child support exposure.

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Answered on 9/20/07, 10:31 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Name change/Adoption

Once you have married your fiance, he could then undertake a so-called stepparent adoption which would include terminating the parental rights of your child's biological father. (The name change could be petitioned for at the same time.)

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Answered on 9/20/07, 10:34 am


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