name change

What is the name of your state? Nebraska
when my son was born i gave him my boyfriend (at the time) last name not the fathers. now i am getting married to a diffrent guy and would like to chane my sons last name to his. my fiance is up for this he wants to adopt my children but i dont know what the laws are for abandonment in nebraska. the bio father has been out of the pic for 2 years. he has no contact at all dose not even know he has a son and dose not pay support.

I do not know the laws in Nebraska, but in Indiana, under the circumstances you describe, your husband could adopt the children, provided that you and he were married at least a year and provided that you and he could properly care for them and that he hadn't been convicted of a crime that would prohibit an adoption from occurring.

You really need to talk to an attorney in your state, however, to find out what the laws are that apply there. Many attorneys will give free initial consultations.