Legal Question in Family Law in Illinois

My daughter's biological father is not in our lives. In fact, he is in jail again. I do not want her to have to be associated with him at all. Can I change her last name without him? He is on the birth certificate. My husband would like to adopt her as his own. Is this possible? Her biological father will not sign over his "rights" even though he does not have anything to do with her and hasn't since she was less than a year.


Asked on 10/13/15, 12:50 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

He is entitled to notice in any change of name action - it is possible for a court to allow an adoption, but incarceration may not be sufficient grounds to terminate his rights. It depends on many variables and should be discussed with an attorney who handle contested adoptions.

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Answered on 10/13/15, 2:49 pm


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