I am getting married and my 2 youngest are biologically my partners si once I'm married I will re-register them with his surname however, my eldest has a different biological father, who has nothing to do with her. He has no legal parental responsibility. How does she get to have the same family name as the rest of us....does he have to adopt her?
2006-09-14 04:53:47 · 19 answers · asked by Gypsie 5 in Family & Relationships ➔ Marriage & Divorce
you can get her name changed without being adopted you just get her name changed by the solicitors. I have my step dad name but he didnt adopt me and the same with my cousins.
2006-09-14 05:08:20 · answer #1 · answered by I~Love~Baileys 3 · 1⤊ 0⤋
don't know if you are English, American etc, but I'm English and my brother isn't the biological father of his eldest, he got together with the mum when the child was 14 months old, she is now 9, they got married in 2003 and my brother legally adopted her without the real fathers' agreement as he has not been in contact since the child was 10 months old. the strange thing is, my sister in law had to legally adopt her daughter as well, not sure why, maybe cos she now had a different surname? i hope this has helped?
2006-09-14 05:59:44 · answer #2 · answered by Summer Rain 2 · 2⤊ 0⤋
Yes. It is a long and lengthy process and I really would recommend a lawyer. My 2 oldest are not my husbands biological children, but he is their father. The lawyer I had told me that I would need to petition their biological dad and put and add in the local paper, wait 30 days and do it again, and then I could go to court to get the kids to have his last name. My only issue is....why go through all that for a name change?
2006-09-14 05:00:19 · answer #3 · answered by megamom1976 2 · 0⤊ 0⤋
No... adopting someone doesn't automatically change their last name. You are your eldest daughter's legal guardian since her biological fathre has "no legal parental responsibility". (I'm assuming this is documented...) If that is the case, then you need only file for a name change for your eldest daughter to have the same surname.
2006-09-14 05:00:45 · answer #4 · answered by Sam I AM 3 · 1⤊ 0⤋
He doesn't have to adopt her and can't without her father's consent. You also can't change a child's name without both parents consent while they are a minor. Love doesn't care what name you have. Your new husband, and probably your daughter, know they aren't related biological. Changing names isn't going to change how either of them feels or treats the other.
As far as school and your child's friends are concerned, there are plenty of kids in the same situtation. The days of stigma are long since over.
Also, what's wrong with him just being her step-dad? Plenty of kids have them! There's also a lot of negative association with the role, while so many of them are doing and being more than many biological parents. Maybe if you and your new husband set the example of what a great step-parent is, your daughter will help other kids who are in the situation accept and realize how lucky they might actually be.
2006-09-14 05:22:15 · answer #5 · answered by IAINTELLEN 6 · 0⤊ 2⤋
Yes he has to adopt her. In Canada, both of you have to adopt her, even if she's your daughter...
My mother remarried and I was "adopted" so my name would be the same as the rest of the family.
I urge you to do this....as your eldest will always feel left out of the family.
Good luck and Congrats on your marriage.
2006-09-14 05:28:43 · answer #6 · answered by brenny_boo 3 · 1⤊ 0⤋
Well for that to happen you'd need the father's consent anyway but you could always consider changing her name by deedpoll if it was that important to you. However you *MAY* need his consent for that too, although I don't know. Best thing to do in this situation is take advice. Citizen's Advice Bureau or local advice shop/centre or your solicitor would be my suggestion and good luck whatever you decide to do.
2006-09-14 04:58:27 · answer #7 · answered by mancunian_nick 4 · 0⤊ 0⤋
no he doesnt have to addopt her. she can get her name changed by deed pole. my two younger cousins did this when their mum married their step-dad. adoption can be a long process, and changing name by deed pole is often much easier, especially if you no longer have contact with your eldests biological dad.
my step brother also changed his surname when his mum married my dad - he now has a double strung name, half his dads and half mine.
2006-09-14 04:58:01 · answer #8 · answered by fifs_c 3 · 1⤊ 0⤋
If the kid doesn't have the same last name, yes, he will have to adopt her for her to carry his name.
2006-09-14 04:58:17 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No, he doesn't. My mum remarried and our 'step - dad' never adopted us. We took his name but never legally - so when I was old enough I reverted back to my 'real' name.
2006-09-14 05:01:49 · answer #10 · answered by Phlodgeybodge 5 · 0⤊ 0⤋