I have two children outside of my marriage to my husband. Recently my son asked if we could get his last name changed to my husbands last name. His biological dad has moved out of state to Idaho, Child support services through DCF are in place and involved. I have no contact information for him. He is not listed on the BIrth certificate either. Could something from him stating that he gives consent for my husband to adopt the child that is notarized work in this situation, if i was able to get it? He has not had contact in over 3 years or paid child support in that time. Location attempts are being made, if he is able to be located and his rights are severed would that change this situation. On the other child i believe consent would be given, considering he has asked why my husband (we were not married at the time but living together and engaged) just didnt sign my daughters birth certificate. Her father pays child support makes sure its up to date etc. I know what town he lives in and where he works so locating him isnt an issue. would something notarized from him work giving consent without an attorney?
A child (with you acting as his "next friend") can petition to change his or her name without an adoption. The father would have the right to object, but would he?
As to adoption: First a jurisdictional question: Is your son a member of an Indian tribe or eligible for tribal membership? Are you or the child's father a member of an Indian tribe? If yes, contact a lawyer who practices in your child's tribe's courts.
If neither you, the father, nor your child is a member of an Indian tribe, then, with either the father's consent (see K.S.A. 59-2114, available on the web at: http://www.kslegislature.org/li/b2017_18/statute/059_000_0000_chapter/059_021_0000_article/059_021_0014_section/059_021_0014_k/) or proof that the father's parental rights can be severed (see K.S.A. 59-2136, available on the web at: http://www.kslegislature.org/li/b2017_18/statute/059_000_0000_chapter/059_021_0000_article/059_021_0036_section/059_021_0036_k/) your husband could adopt your son.
Kansas has two methods of "adoption" (establish a parent child relationship). The first is the traditional adoption which severs the parental rights and obligations of the former parent. The second is under the Kansas parentage act and the case of Frazier v. Goudschaal, 296 Kan. 730, 295 P.3d 542 (2013). The parentage act route does not sever parental rights but establishes new parental rights and responsibilities and prioritizes the rights and responsibilities between the adults (as is done in a divorce). The parentage act route results in a child having more than 2 parents.
These are matters to discuss with your lawyer.
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