Changing a child's last name in Georgia?
4 attorney answers
I agree with my colleagues you can either do a name change through superior court and simply change the child’s name or you can take it a step further and file a petition for a step parent adoption, if you go this route, I would suggest hiring an experienced adoption attorney for this.
This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer alone and you should always consult your own attorney in order to obtain legal advice.
A stepparent adoption would be the best way for you to go here. That would create the parent/child relationship between your husband and your child, and it would terminate the parental rights of the natural father. An adoptive birth record can also be ordered after the decree is entered in GA from your old home state of Wisconsin, to change the child's name. You should consult an attorney that handles adoptions.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
While you can file a petition to just change the child's name, another avenue to consider would be for your husband to file for step parent adoption. That would not only change the child's name, but also show your husband's name as the legal father, and terminate all rights of the biological father permanently. If this is something you wish to consider, contact a family law attorney who handles step parent adoptions in your county of residence.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.