If they are not married, yes.
ClarificationIt depends on the circumstances. If the parents are divorced the father will be notified and will have the opportunity to object. For example, after a divorce the mother may wish to change her child's name. She must provide the father's name on the name change application and the court will require that he be given notice. If he objects, the court may not allow the name change unless the mother can provide a compelling reason for the name change.
This type of issue is decided on a case by case basis.
Until the adoption is final they can change their minds.
see link
His name can be changed through a legal name change or through a step parent adoption.
No, a step parent has no legal rights to the child. They can only get that through the court or adoption.
yes
By finalizing the adoption, the child becomes legally the same as a biological child with the same rights. Before the adoption is finalized, the kid is simply a kid living in the same building. If the parent dies without a will, the kid gets nothing. Also, if the biological parent wants the kid back and the adoption is not finalized, all the biological parent needs to do is pick up the kid. If the adoption is finalized, there must be a court hearing.
In general, a parent cannot file to put a child up for adoption without having legal custody of that child. Adoption typically requires the consent of the legal custodian or parent. If the parent does not have custody, they may need to work with the custodial parent or seek legal advice to explore their options regarding adoption. It's important to consult with a family law attorney for guidance specific to your situation.
call adoption support for your state.
If he only wants to take your name, he can do a name change. If you both want to have a legal parent-child relationship, you will need to do an adoption. Check with the laws in your state to determine what is involved -- the laws differ from state to state.
In most cases, a non-biological parent cannot adopt a child without the birth parent's consent. The birth parent's signature is typically required for the adoption to proceed unless their rights have been terminated by the court due to specific reasons, such as abandonment or unfitness.
Gay adoption is legal in all 50 states, but laws vary greatly regarding joint adoption and step-parent adoption.
Stepfamily and adoption