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Adoption
Can I keep my deceased father's last name after adoption?

Can I keep my deceased father's last name after adoption?

Full question:

I am a minor and my father died. My mother married another man and they have decided that he will adopt us. I would like to know if it is possible to keep my deceased father's family name and not take on my step-father's family name or if I have to take it to change it back to what it was. Is this possible?

Category: Adoption
Date: 04/07/2025
State: National

Answer:

In an adoption case, a court may allow the adoptee to keep their original surname. The adoptee can also retain their old name as an additional surname.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can my husband adopt my child without biological father's consent in Texas?

In Texas, a husband can adopt his wife's child without the biological father's consent if the biological father has abandoned the child or if his parental rights have been terminated. The court must find that the adoption is in the child's best interest. If the biological father is active in the child's life, his consent is generally required. Always consult with a family law attorney for specific guidance on your situation.

Can my stepdad adopt me without my biological father?

Yes, a stepfather can adopt you without your biological father's consent if your biological father's parental rights have been terminated or if he has abandoned you. The court will consider the child's best interests when making a decision about the adoption. It is advisable to seek legal counsel to navigate the adoption process effectively.

Do adopted children have rights to their biological parents' estate?

In general, adopted children do not have rights to their biological parents' estate after adoption. Once adopted, the legal relationship with the biological parents is severed, and the adoptive parents become the child's legal guardians. However, some states may have specific laws that could allow for claims under certain circumstances. Consult a legal expert for advice tailored to your situation.

Can a child be adopted without the father's consent in Texas?

Yes, a child can be adopted without the father's consent in Texas if the father has abandoned the child or if his parental rights have been terminated by a court. The court must determine that the adoption is in the child's best interest. Legal advice is recommended to understand the specific circumstances surrounding the adoption.

How can my husband adopt my child with no father on the birth certificate?

If there is no father listed on the birth certificate, your husband can adopt your child through a straightforward process. Generally, you will need to file an adoption petition in court. The court will review the case to ensure that the adoption is in the child's best interest. Consulting with a family law attorney can help ensure all legal requirements are met.

How does kinship adoption work?

Kinship adoption occurs when a relative adopts a child, often to keep the child within the family. The process usually requires a court petition and may involve home studies and background checks. Kinship adoption can provide the child with stability while maintaining family ties. Legal guidance is recommended to navigate the specific requirements in your state.