my mate has got 3 kids, 2 with her husband and one from a previous partner. they are married but have just split up. for a while now they have been talking about getting the oldest sons surname changed, as they all have the married name and he has his mums maiden name. to do this i believe her husband would have to adopt the child first. can this still be done now that they have split or not,the child dont know that he has a different dad as he has never met his real dad. he is starting school soon and up to know has used the married name but cant at school so will start asking questions. can her partner still adopt the child now they have split?
You dont need to adopt to change the name that would complicatte matters more than necessay given the circumstances... anyone can change their name basically by telling people what name they want to be referred to by.
See this Citizens advice bureau page. It is very helpful i explaining.
If they've split I wonder if her husband still wants to 'adopt'. The child can use whatever name he wants at school, however one day the child is going to see his birth certificate and queery it. It's maybe time to stop hiding the fact he's not her husband's son... HTH
her husband would still like to adopt the lad cause the child calls him dad and always has i just didnt know if he would be allowed to now that they have split and if the childs real dad would have to agree first
My niece changed her surname from her fathers to her step fathers when she was a child. I believe they had to go to court, and get her fathers permission. I would see a solicitor.
The adoption route involves the child being adopted by their step father AND their real mother, I know because this happened to me. Social services would have to be involved, and as they have split up it seems possible that an adoption would not be allowed.