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Adoption
Can I do an adoption myself and change my son's last name to my new husband's once he is adopted?

Can I do an adoption myself and change my son's last name to my new husband's once he is adopted?

Full question:

My husband would like to adopt my son. My son's biological father's rights are terminated. We have lived with my husband for over six months, and my son wants the adoption. We would also like to change my son's last name to my husband's last name. I would like to do this without an attorney. How can I do this? Where can I get the forms?

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

Answer:

Please see the information and forms at the following links:

http://lawdigest.uslegalforms.com/name-change/index.php?dID=5170

http://www.uslegalforms.com/tx/TX-NAME-2.htm

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 I terminate my son's father's parental rights?

Yes, you can seek to terminate your son's father's parental rights, especially if he is not involved in your child's life or has been legally declared unfit. This process typically requires filing a petition in court and providing evidence that termination is in the child's best interest. It's advisable to consult your state's family law guidelines, as procedures can vary by state. If the father's rights are already terminated, you may not need to take further action. *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.*

How long do I have to be married for my husband to adopt my child?

The length of time you must be married before your husband can adopt your child varies by state. Generally, many states require that you be married for at least six months to a year. However, since your son's biological father's rights are terminated, this may expedite the process. Check your state’s specific adoption laws for detailed requirements. *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.*

Can a biological parent regain custody of an adopted child?

In most cases, once a child is adopted, the biological parent's rights are permanently terminated, and they cannot regain custody. Adoption legally transfers parental rights to the adoptive parents. However, if there are exceptional circumstances, such as fraud or coercion during the adoption process, a biological parent might seek to challenge the adoption in court. This is rare and typically difficult to prove. *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.*

Does a biological father have legal rights?

Yes, a biological father has legal rights to his child unless those rights have been legally terminated. These rights include the ability to make decisions regarding the child's upbringing and custody. If the biological father is not involved or has been declared unfit, his rights may be terminated through legal proceedings. It's important to understand your state's laws regarding parental rights and termination. *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.*