AboutColleen Expertise I can answer questions about the adoption process. I don't handle questions about searches for adoptive parents.
Experience I have three adopted children. The two youngest were adopted as infants. In both cases, we dealt with the birthmother during her pregnancy and a bit afterwards. Our children are now old enough to begin asking questions and we are dealing with those issues.
Question Hello, The father of my 2 year old son born out of wedlock. Has been recently incarcerated, and has not been in my child's life since his birth. I have since married. And my new husband would love to adopt my son and give my him his last name. My question is: How do I go about getting this process of adoption and name change done? Sincerely, Britnay Kernell
Answer In order to have your husband adopt your son, you would have to have the written consent of your son's father. The fact that he is incarcerated doesn't automatically sever his parental rights. He would have to be willing to relinquish his rights in order for an adoption to take place. Once your husband adopts your son, then his name would automatically change.
Your best bet would be to contact an attorney to get the process started. If you think your son's father would not consent to this, then you may not be able to do it.