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What steps are required for my spouse to adopt my daughter whose biological father past away .

Houston, TX |

I have 4 children total, 3 are from the same father and the oldest isn't. She has been raised by him and he wishes to give her his last name. She feels like she is not part of the family because she does not have matching last names as her siblings. She has made the request on this and I do not know where to start or if We will be able to fulfil this for her. SHe knows her father is gone and the details and understands her dad is actually her stepfather and still wants to have the last name... I need advice

Attorney Answers 3


  1. I have not done an adoption where the parent is deceased. I imagine it is the same two step of a termination of the biological parent's rights and the step parent adoption. I would wonder about the affect on her biological father's family and her relationship with them. Another much less expensive option is to change her name. Either way, hire a Family Law Attorney.

    This does not establish an attorney/client relationship. Dallas, Denton, Collin and Tarrant County, Texas practice area. Principal office located in Lake Dallas, Texas.


  2. My suggestion is to hire a family law attorney in your area who has experience in the field of adoption who can assist you with the proper steps. n

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  3. The options are a legal name change or a step parent adoption. Consult an attorney to determine which is right for you. The name change us less expensive but it may not accomplish all your goals such as creating intestate inheritance rights.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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