Lake Worth, FL asked in Adoption and Family Law for Florida

Q: My sons father passed away 5yrs ago and he wants my husband to adopt him but he has questions.

My son wants my new husband to adopt him but he wants to know if they have to seal his birth certificate with his biological dad on it or if we can leave that open and do another amended one with his adopted dad? Also, if he can keep his last name and just add my husbands last name as well. When I change my name I will have both last names as well and he’s my son. We live in Florida and I have the death certificate of his father. He doesn’t want to cut out his biodad he wants to add another dad if that makes sense

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1 Lawyer Answer
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
  • Family Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: If your husband, the step-father, adopts your son the birth certificate would be changed from his biological father to his new father. I've never seen a process where he could have 2 fathers, one deceased and one alive. The birth certificate is a legal document, so it does not change the reality which is that his biological father will always be his father.

As to the name change in the adoption, you can choose any name you'd like, whether it includes the new father's last name, hyphenated with a prior name, or any mix you'd like.

Good luck!

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