Voluntary Termination of Parental Rights

by Myrna from Lakeland, Florida, Polk County

Voluntary Termination of Parental Rights: Change child's last name after termination of parental rights. If a parent gives up their rights to a child in a Florida court of law, could the child's last name be changed as well removing his father's last name from the birth certificate?

Answer to Florida Court Forms Question

Dear Myrna,

In Florida a parent is usually not allowed to voluntarily terminate parental rights unless there is a pending adoption.

If the parents are giving up parental rights and placing the child with an adoption agency.

When the child is adopted the name change is part of the adoption process.

If, one of the parents is voluntarily terminating parental rights in a step-parent adoption; the name change is also part of the adoption process.

In both of these situations a new birth certificate is issued; and the adoption records are sealed.

Florida's Department of Health website, www.doh.state.fl.us has the following information posted on their site:

Adoption Procedures
If an adoption has occurred, the clerk of the court will forward to our office a report of the adoption within thirty days of the order. Based on this document, a new birth record will be filed for the child.

If adopted in Florida but born in another state, the report of adoption received from the clerk of the court will be forwarded to the child's state of birth. Contact the Bureau of Vital Statistics in the child's state of birth regarding their requirements in this matter.

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