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adoption/name change

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marc_a_g

Guest
What is the name of your state? Mississippi

Does anyone know what the procedure is for adding m name to a child's birth certificate. My wife's daughter is not biologically mine, but her father never signed her certificate and has never been a part of her life. My wife gets no child support and he has choosen to be out of the child's life. The child is 4. How can I get my name listed as her father so that I am legally and namely linked and bound to the child. I want her to have my last name.

Is it expensive. My wife had this done when she was in the 4th grade, her step father had his name added as her father and there is now no record of her real birth father having any ties to her. Her father is deceased so I cannot ask him how to go about doing the same thing.
 


nextwife

Senior Member
AS I understand your post, the ex stepfather is now listed on the birth certificate as the father? Does he pay CS?

If the ex SF does not object to you adopting, and you all understand that he will have no CS responsibility or rights, you can have him terminate his rights as part of the process of you adopting the child. Depending on your state, an uncontested step parent adoption should be a fairly simple legal process.

MIssissipi adoption law summary:
http://www.adoptionsolutions.com/general/state laws/ms_law.htm

If ex-SD objects, it becomes more complicated.
 

djohnson

Senior Member
It should be relatively easy for you. If you file a petition to adopt, he will have to be notified and given the opportunity to say no. If he does she needs to file for child support. If he doesn't he will relinquish his rights and you can then legally adopt. Good Luck
 
M

marc_a_g

Guest
There is no name on the birth certificate....the biological dad did not sign, because he was not here. So legally he has no rights to the child since paternity was never extablished. He has not been in the child's life for 4 years. Do we have to inform him that I will be filing the papers to get my name as the father on her birth certificate?

The mother has never refused him visits or communication with the child, and has continued to send his family updated photos of the child. But he hs not sent any money, gifts, or pictures or anything. The child calls me daddy and people even say we look alike...which makes me feel really good.

Even if my name is placed as her father, the door is always open for him to become a part of her life...I just want her to have my name so that she never has questions about why her last name is different or where she came from. I love her so much and just want to be her daddy legally.
 

djohnson

Senior Member
In order for you to petition for adoption a BF will be requested. If he is named he must be contacted (or attempted to contact). Paternity would have to be established and then he can either sign away or the courts can terminate his parental rights. If she says father unknown or raped the circumstance are different but leaves open a lot of legal problems if it's not the truth.
 

nextwife

Senior Member
" My wife had this done when she was in the 4th grade, her step father had his name added as her father"

I am sorry if I am misunderstanding your first post. If the stepfather WAS indeed added to the BC as the father, HIS name is now listed as the legal father, therefore how can it be that "There is no name on the birth certificate"? DO you mean there was no name on the original BC?

Based on your first post, the SF IS now on the BC, therefore, the process would still involve adopting as the step parent. If uncontested, it will be a very simple legal matter.

Good luck.
 
M

marc_a_g

Guest
Yeah, I was saying that my wifes stepfather adopted her when she was in the fourth grade. Sorry for any confusion.

Thanks all, you have been helpful!
 

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