Changing your adopted child’s first name can be a very emotional decision. If the child is old enough to know her name already, she may find it confusing or upsetting to be given a new name. If the child is from a different cultural or ethnic heritage, keeping his original birth name may be an important way to show respect for his heritage. If the child is a newborn, the birth mom may have included input into their name in her open adoption plan. Changing your adopted child’s last name may be a decision based on completely different criteria.
Is changing your adopted child’s last name legal?
This is an easy question. Yes, it is legal to change an adopted child’s last name to the name of the new parents. With newborn adoption, this is usually a matter of giving the child the last name of the new family. In Arkansas. Adopted children receive a new birth certificate with their new name, and it is very usual to change the surname.
With an older child, however, it’s not so simple. The new parents have the legal right to change the child’s last name, but it can be just as disorienting to be given a new last name as a new first name. There are strong arguments either way.
Family unity
Probably the most common reason for changing your adopted child’s last name is to create family unity. If you like to talk about “the Millers” you probably would like to include your new child among the Millers. That is a good reason to change his last name to Miller.
There is also often a feeling that having different family names might make adopted children feel less included in the family than biological children who share their parents’ name. And in stepparent adoptions, changing the child’s name to match the new stepparent’s name can be a very sweet acknowledgement of the new relationship.
However, if you ask around a local school or church, you’ll probably find that many families have kids with different names — sometimes several different names within one family. This concern may become less important going forward.
Safety
Sometimes keeping the biological parent’s name might endanger the child. An abused mom who is trying to build a new life in a new marriage may feel strongly that she and her children should change their last names to that of the stepdad in order to avoid being found by the abusive ex. Even in less extreme situations, parents and kids may feel safer with a change of name.
Rights
If there are tribal rights or family trusts involved, a change of name won’t invalidate those rights, but it could cause obstacles and extra administrative steps.
Strong connections
Older kids may feel strongly connected to the biological family even if they know that their bio parents cannot care for them safely. Children 12 or older must consent to being adopted in Arkansas, and that can include a discussion of the possible name change. Kids under 12 do not have to consent to adoption or any aspect of it, but parents may want the kids’ input on the question.
There are also concerns about surnames that show the child’s ethnic heritage. A child whose original family name was Yakamoto might feel that joining the Miller family is wonderful, but that the change of name is tantamount to losing all sings of Japanese heritage. That might matter to the child as he goes through normal identity development in his teens and young adulthood.
Sometimes the new last name can be added to the current name, effectively making the child’s birth name into a middle name. This can be a solution if a child doesn’t want to lose their birth name but the parents want that name change.
If you’re considering changing your adopted child’s last name, you can discuss possible legal ramifications with your adoption lawyer. Heimer Law is an adoption law firm in Northwest Arkansas. Contact us to ask your questions.
Inquiry Form