step-parent adoption need help

What is the name of your state? California

My Husband would like to adopt my 6 yr old. She has had no contact with bio-dad because he does not contact her I have called several times to give him new # and address but still nothing. What should I do as far as terminating rights? And one more thing can I change her last name?

I don't know California, but there is usually a stepparent adoption procedure. google california stepparent adoption and have a look around. It's probably easier if the birth father is willing to waive rights.

It's also possible, and possibly easier, to change the name. If you have a divorce action, and you changed your name to your new husband's, you could probably file a petition asking that the child's name be chaned to your (new) name.

You'd pretty much need bioDad's consent to do either.

stealth2 said:

You'd pretty much need bioDad's consent to do either.

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If that's true, it's because of some peculiarities in California. In most states, the custodial parent can change the child's name to her own, and a stepparent adoption can take place if the biological father is not seeing the child or is not paying child support.

listed3 said:

If that's true, it's because of some peculiarities in California. In most states, the custodial parent can change the child's name to her own, and a stepparent adoption can take place if the biological father is not seeing the child or is not paying child support.

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Not without the other parent's consent or a court order.

Agreed, you'd have to petition for a court order for either. Of course, you'd probably have to do that even if you HAD consent. Consent makes it easier, though it's still doable without consent if you can meet the requirements of your State's statutes.

The other nice thing is that deadbeat dads often don't show up to contest these things.

Chkuschel said:

What is the name of your state? California

My Husband would like to adopt my 6 yr old. She has had no contact with bio-dad because he does not contact her I have called several times to give him new # and address but still nothing. What should I do as far as terminating rights? And one more thing can I change her last name?

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Has paternity been legally established by the father taking a court ordered DNA test, signing the birth certificate or signing an acknowledgement of paternity?