K2 adoption

[lovers0720 1]

I really don't know where to post this topic, so I just posted it here, hoping that someone can be able to help me out. We came here in the US with K visas (K1/K2) like all of you had, so I'm thinking that someone here have any idea about this.

Anyway, I just wanna know how do we have our son's last name changed to my husband's last name? Well, my husband is not my son's biological father but I had him carry my last name because I decided to put blank on the Father's section of his Birth Certificate cos I don't want to do anything with his biological father anymore when I gave birth to him.

My son will turn 3 this year and I wanted to him to have the right name before he starts going to school.

Edited May 19, 2009 by andyjona

[DEDixon 39]

At the court house, the county clerk's office should be able to direct you to the right form/office.

http://www.wilco.org/CountyDepartments/Cou...US/Default.aspx

[Gary and Alla 3,694]

I really don't know where to post this topic, so I just posted it here, hoping that someone can be able to help me out. We came here in the US with K visas (K1/K2) like all of you had, so I'm thinking that someone here have any idea about this.

Anyway, I just wanna know how do we have our son's last name changed to my husband's last name? Well, my husband is not my son's biological father but I had him carry my last name because I decided to put blank on the Father's section of his Birth Certificate cos I don't want to do anything with his biological father anymore when I gave birth to him.

My son will turn 3 this year and I wanted to him to have the right name before he starts going to school.

The rules on this will vary by state, though if you are married and have sole custody OR the biological father has released his parental rights, it should not be very difficult. It is not an immigration issue, so you may want to address this before filing for AOS. You can change the name after AOS also but then it does become an immigration issue to change the name with USCIS.

[lovers0720 1]

At the court house, the county clerk's office should be able to direct you to the right form/office.

http://www.wilco.org/CountyDepartments/Cou...US/Default.aspx

Thanks! I'll do this.

The rules on this will vary by state, though if you are married and have sole custody OR the biological father has released his parental rights, it should not be very difficult. It is not an immigration issue, so you may want to address this before filing for AOS. You can change the name after AOS also but then it does become an immigration issue to change the name with USCIS.

Like I said, I never heard anything from my son's biological father since we separated which I was still 3-months pregnant, so I have the full custody of my son. And his biological name was never put into my son's BC.

We already applied for AOS though cos we needed or we'll be out of status cos we came here on K visas.

I just wanna know how's the process is done cos I wanna plan ahead.

Thanks for the response though. I appreciate it a lot.

[payxibka 10,045]

I had the same question... i ran across legalzoom.com (i have no interest in this site)... after going through the questionnaire I had an idea what had to be done

[sara..... 371]

At the court house, the county clerk's office should be able to direct you to the right form/office.

http://www.wilco.org/CountyDepartments/Cou...US/Default.aspx

Thanks! I'll do this.

The rules on this will vary by state, though if you are married and have sole custody OR the biological father has released his parental rights, it should not be very difficult. It is not an immigration issue, so you may want to address this before filing for AOS. You can change the name after AOS also but then it does become an immigration issue to change the name with USCIS.

Like I said, I never heard anything from my son's biological father since we separated which I was still 3-months pregnant, so I have the full custody of my son. And his biological name was never put into my son's BC.

We already applied for AOS though cos we needed or we'll be out of status cos we came here on K visas.

I just wanna know how's the process is done cos I wanna plan ahead.

Thanks for the response though. I appreciate it a lot.

he would have to adopt ur son, prolly would be easier to do after u both have citizenship, other wise it could be messy and confusing for the immigration people and lets face it they are a sandwich short of a full picnic as it is, so if it was me i would not cloud up any immigration issue with adoption, i would wait until after everything was out of the way.

thats just my opinion.

sara

[lovers0720 1]

I had the same question... i ran across legalzoom.com (i have no interest in this site)... after going through the questionnaire I had an idea what had to be done

can you share with me what you've learned about what needs to be done after you read the questionnaire? thanks!

he would have to adopt ur son, prolly would be easier to do after u both have citizenship, other wise it could be messy and confusing for the immigration people and lets face it they are a sandwich short of a full picnic as it is, so if it was me i would not cloud up any immigration issue with adoption, i would wait until after everything was out of the way.

thats just my opinion.

sara

thanks for the idea.

[Gary and Alla 3,694]

At the court house, the county clerk's office should be able to direct you to the right form/office.

http://www.wilco.org/CountyDepartments/Cou...US/Default.aspx

Thanks! I'll do this.

The rules on this will vary by state, though if you are married and have sole custody OR the biological father has released his parental rights, it should not be very difficult. It is not an immigration issue, so you may want to address this before filing for AOS. You can change the name after AOS also but then it does become an immigration issue to change the name with USCIS.

Like I said, I never heard anything from my son's biological father since we separated which I was still 3-months pregnant, so I have the full custody of my son. And his biological name was never put into my son's BC.

We already applied for AOS though cos we needed or we'll be out of status cos we came here on K visas.

I just wanna know how's the process is done cos I wanna plan ahead.

Thanks for the response though. I appreciate it a lot.

As Payixbka suggested, LegalZoom.com is an excellent site. I wish I could give you lots of details. My sister and her husband adopted the two daughters of her husband;s sister. Long story short, once the father had given up parental rights it was basically filing a legal motion and going to one court hearing. It was uncontested and no problem really. If this is done before AOS you can file for his green card in the new name. If not you will have to file a change of name after. I would think it easier to do it first.

[DEDixon 39]

At the court house, the county clerk's office should be able to direct you to the right form/office.

http://www.wilco.org/CountyDepartments/Cou...US/Default.aspx

Thanks! I'll do this.

The rules on this will vary by state, though if you are married and have sole custody OR the biological father has released his parental rights, it should not be very difficult. It is not an immigration issue, so you may want to address this before filing for AOS. You can change the name after AOS also but then it does become an immigration issue to change the name with USCIS.

Like I said, I never heard anything from my son's biological father since we separated which I was still 3-months pregnant, so I have the full custody of my son. And his biological name was never put into my son's BC.

We already applied for AOS though cos we needed or we'll be out of status cos we came here on K visas.

I just wanna know how's the process is done cos I wanna plan ahead.

Thanks for the response though. I appreciate it a lot.

he would have to adopt ur son, prolly would be easier to do after u both have citizenship, other wise it could be messy and confusing for the immigration people and lets face it they are a sandwich short of a full picnic as it is, so if it was me i would not cloud up any immigration issue with adoption, i would wait until after everything was out of the way.

thats just my opinion.

sara

Anyone can change one's name, any parent can change their minor child's name at anytime, it is just a matter of paperwork. If you want your son's last name to be "coffeemaker" or "beerdrinker" or "Lexus" or "Smith" or "Kennedy", you can do it. You can change it to anything you want including your husband's last name at any time - your husband doesn't have to adopt your son first.

If you do this during your dealings with the immigration service, it "might" get complicated. My fiancee had to change her name and it didn't make a difference. Sometimes it comes down to luck, out of every 1000 name changes immigration service deals with, they might screw up one.... your son's could be that one.

[Dakine 26]

I adopted my wife's daughter after they were here in the US on K3/K4 visas. Got her US citizenship naman. Name changed on "Certificate of birth abroad" to mine. We are right now in the process of getting her name changed to mine in the Philippine courts so she can have my name in her Philippine passport.

Easier to show dual citizenship and get the benefits of such when traveling. Plus she will end up with the land my wife owns in PI.

[payxibka 10,045]

I had the same question... i ran across legalzoom.com (i have no interest in this site)... after going through the questionnaire I had an idea what had to be done

can you share with me what you've learned about what needs to be done after you read the questionnaire? thanks!

no I can't really help because Minnesota is different than Texas and anything I tell you will not apply... you need to do it yourself

[lovers0720 1]

I had the same question... i ran across legalzoom.com (i have no interest in this site)... after going through the questionnaire I had an idea what had to be done

can you share with me what you've learned about what needs to be done after you read the questionnaire? thanks!

no I can't really help because Minnesota is different than Texas and anything I tell you will not apply... you need to do it yourself

OH GREAT! Thanks for your help!

[sj5 4]

This may help you.

FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 162. ADOPTION

SUBCHAPTER A. ADOPTION OF A CHILD

Sec. 162.001. WHO MAY ADOPT AND BE ADOPTED. (a) Subject to the requirements for standing to sue in Chapter 102, an adult may petition to adopt a child who may be adopted.

( B) A child residing in this state may be adopted if:

(1) the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;

(2) the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;

(3) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption; or

(4) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.

© If an affidavit of relinquishment of parental rights contains a consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 14, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 493, Sec. 1, eff. Sept. 1, 2003.



Sec. 162.002. PREREQUISITES TO PETITION. (a) If a petitioner is married, both spouses must join in the petition for adoption.

( B) A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include:

(1) a verified allegation that there has been compliance with Subchapter B ; or

(2) if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.



Sec. 162.0025. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER. In a suit for adoption, the fact that a petitioner is a member of the armed forces of the United States, a member of the Texas National Guard or the National Guard of another state, or a member of a reserve component of the armed forces of the United States may not be considered by the court, or any person performing a social study or home screening, as a negative factor in determining whether the adoption is in the best interest of the child or whether the petitioner would be a suitable parent.

Added by Acts 2007, 80th Leg., R.S., Ch. 768, Sec. 1, eff. June 15, 2007.



Sec. 162.003. PRE-ADOPTIVE AND POST-PLACEMENT SOCIAL STUDIES. In a suit for adoption, pre-adoptive and post-placement social studies must be conducted as provided in Chapter 107.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 73, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 800, Sec. 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 133, Sec. 6, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 832, Sec. 6, eff. September 1, 2007.



Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant a motion for a preferential setting for a final hearing on an adoption and shall give precedence to that hearing over all other civil cases not given preference by other law if the social study has been filed and the criminal history for the person seeking to adopt the child has been obtained.

Added by Acts 1997, 75th Leg., ch. 561, Sec. 15, eff. Sept. 1, 1997.



Sec. 162.005. PREPARATION OF HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC HISTORY REPORT. (a) This section does not apply to an adoption by the child's:

(1) grandparent;

(2) aunt or uncle by birth, marriage, or prior adoption; or

(3) stepparent.

( B) Before placing a child for adoption, the Department of Protective and Regulatory Services, a licensed child-placing agency, or the child's parent or guardian shall compile a report on the available health, social, educational, and genetic history of the child to be adopted.

© The report shall include a history of physical, sexual, or emotional abuse suffered by the child, if any.

(d) If the child has been placed for adoption by a person or entity other than the department, a licensed child-placing agency, or the child's parent or guardian, it is the duty of the person or entity who places the child for adoption to prepare the report.

(e) The person or entity who places the child for adoption shall provide the prospective adoptive parents a copy of the report as early as practicable before the first meeting of the adoptive parents with the child. The copy of the report shall be edited to protect the identity of birth parents and their families.

The department, licensed child-placing agency, parent, guardian, person, or entity who prepares and files the original report is required to furnish supplemental medical, psychological, and psychiatric information to the adoptive parents if that information becomes available and to file the supplemental information where the original report is filed. The supplemental information shall be retained for as long as the original report is required to be retained.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.



Sec. 162.006. RIGHT TO EXAMINE RECORDS. (a) The department, licensed child-placing agency, person, or entity placing a child for adoption shall inform the prospective adoptive parents of their right to examine the records and other information relating to the history of the child. The person or entity placing the child for adoption shall edit the records and information to protect the identity of the biological parents and any other person whose identity is confidential.

( B) The department, licensed child-placing agency, or court retaining a copy of the report shall provide a copy of the report that has been edited to protect the identity of the birth parents and any other person whose identity is confidential to the following persons on request:

(1) an adoptive parent of the adopted child;

(2) the managing conservator, guardian of the person, or legal custodian of the adopted child;

(3) the adopted child, after the child is an adult;

(4) the surviving spouse of the adopted child if the adopted child is dead and the spouse is the parent or guardian of a child of the deceased adopted child; or

(5) a progeny of the adopted child if the adopted child is dead and the progeny is an adult.

© A copy of the report may not be furnished to a person who cannot furnish satisfactory proof of identity and legal entitlement to receive a copy.

(d) A person requesting a copy of the report shall pay the actual and reasonable costs of providing a copy and verifying entitlement to the copy.

(e) The report shall be retained for 99 years from the date of the adoption by the department or licensed child-placing agency placing the child for adoption. If the agency ceases to function as a child-placing agency, the agency shall transfer all the reports to the department or, after giving notice to the department, to a transferee agency that is assuming responsibility for the preservation of the agency's adoption records. If the child has not been placed for adoption by the department or a licensed child-placing agency and if the child is being adopted by a person other than the child's stepparent, grandparent, aunt, or uncle by birth, marriage, or prior adoption, the person or entity who places the child for adoption shall file the report with the department, which shall retain the copies for 99 years from the date of the adoption.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.



Sec. 162.0065. EDITING ADOPTION RECORDS IN DEPARTMENT PLACEMENT. Notwithstanding any other provision of this chapter, in an adoption in which a child is placed for adoption by the Department of Protective and Regulatory Services, the department is not required to edit records to protect the identity of birth parents and other persons whose identity is confidential if the department determines that information is already known to the adoptive parents or is readily available through other sources, including the court records of a suit to terminate the parent-child relationship under Chapter 161.

Added by Acts 2003, 78th Leg., ch. 68, Sec. 1, eff. Sept. 1, 2003.



Sec. 162.007. CONTENTS OF HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC HISTORY REPORT. (a) The health history of the child must include information about:

(1) the child's health status at the time of placement;

(2) the child's birth, neonatal, and other medical, psychological, psychiatric, and dental history information;

(3) a record of immunizations for the child; and

(4) the available results of medical, psychological, psychiatric, and dental examinations of the child.

( B) The social history of the child must include information, to the extent known, about past and existing relationships between the child and the child's siblings, parents by birth, extended family, and other persons who have had physical possession of or legal access to the child.

© The educational history of the child must include, to the extent known, information about:

(1) the enrollment and performance of the child in educational institutions;

(2) results of educational testing and standardized tests for the child; and

(3) special educational needs, if any, of the child.

(d) The genetic history of the child must include a description of the child's parents by birth and their parents, any other child born to either of the child's parents, and extended family members and must include, to the extent the information is available, information about:

(1) their health and medical history, including any genetic diseases and disorders;

(2) their health status at the time of placement;

(3) the cause of and their age at death;

(4) their height, weight, and eye and hair color;

(5) their nationality and ethnic background;

(6) their general levels of educational and professional achievements, if any;

(7) their religious backgrounds, if any;

(8) any psychological, psychiatric, or social evaluations, including the date of the evaluation, any diagnosis, and a summary of any findings;

(9) any criminal conviction records relating to a misdemeanor or felony classified as an offense against the person or family or public indecency or a felony violation of a statute intended to control the possession or distribution of a substance included in Chapter 481, Health and Safety Code; and

(10) any information necessary to determine whether the child is entitled to or otherwise eligible for state or federal financial, medical, or other assistance.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.



Sec. 162.008. FILING OF HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC HISTORY REPORT. (a) This section does not apply to an adoption by the child's:

(1) grandparent;

(2) aunt or uncle by birth, marriage, or prior adoption; or

(3) stepparent.

( B) A petition for adoption may not be granted until the following documents have been filed:

(1) a copy of the health, social, educational, and genetic history report signed by the child's adoptive parents; and

(2) if the report is required to be submitted to the bureau of vital statistics under Section 162.006(e), a certificate from the bureau acknowledging receipt of the report.

© A court having jurisdiction of a suit affecting the parent-child relationship may by order waive the making and filing of a report under this section if the child's biological parents cannot be located and their absence results in insufficient information being available to compile the report.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 20, eff. Sept. 1, 1999.



Sec. 162.0085. CRIMINAL HISTORY REPORT REQUIRED. (a) In a suit affecting the parent-child relationship in which an adoption is sought, the court shall order each person seeking to adopt the child to obtain that person's own criminal history record information. The court shall accept under this section a person's criminal history record information that is provided by the Department of Protective and Regulatory Services or by a licensed child-placing agency that received the information from the department if the information was obtained not more than one year before the date the court ordered the history to be obtained.

( B) A person required to obtain information under Subsection (a) shall obtain the information in the manner provided by Section 411.128, Government Code.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 75, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 908, Sec. 2, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 16, eff. Sept. 1, 1997.



Sec. 162.009. RESIDENCE WITH PETITIONER. (a) The court may not grant an adoption until the child has resided with the petitioner for not less than six months.

( B) On request of the petitioner, the court may waive the residence requirement if the waiver is in the best interest of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

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Sec. 162.010. CONSENT REQUIRED. (a) Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause. A hearing on the issue of consent shall be conducted by the court without a jury.

( B) If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption and further consent of that parent is not required.

© A child 12 years of age or older must consent to the adoption in writing or in court. The court may waive this requirement if it would serve the child's best interest.



Check it here http://www.statutes.legis.state.tx.us/SOTW...162.htm#162.001 for full details. Edited May 24, 2009 by sj5

[lovers0720 1]

Great! This is such a big help. At least we'll have an idea now. I'll ask my husband to look into this.