Surnames and stepfamilies

[gamosa]

I was not sure where to post this so I'm hoping someone can help me.

In England in the 1890s, if a woman was widowed and left to care for her stepchildren as their mother had died, and she remarried, would the stepchildren take on the name of the new husband if they went to live with their stepmother and her new husband?

If you don't know the answer but are aware of any websites or books that might deal with this type of legal issue, please let me know.

Regards

[CaroleW]

would the stepchildren take on the name of the new husband if they went to live with their stepmother and her new husband?

Legally - no.  They are not his children, so they would retain their original surname 

However - if you are asking about the situation in terms of looking for them on censuses - it was very common for enumerators to put stepchildren under the same surname as the head of household.  Particularly if nobody told them otherwise.

[gamosa]

Great point, thank you!

[patrexjax]

Hello gamosa, Not only what CarolW describes happened, but, recently I discovered a rellie who was christened with his Mother's surname as he was her illegitimate son. Then, several years later when she married a different gent (presumably not the biological Father)...the child began using his step-father's surname not only in all censuses BUT also used it for his civil marriage name and all other usages!     It took a while to figure this one out, but our ancestors weren't always thinking of helping us find them, were they??!! My mottos is: "be prepared for almost anything!"     Pat

[Cell]

Hi,
 As mentioned above it was quite a common occurrence for stepchildren to take on the stepfather's name.

My hubby's g grandfather's two stepchildren took on his surname ( this was in the late 1800's) . The stepdaughter even used  her stepfather's surname when she married, she also listed her stepfather as her father in the church records, so if anyone traced her lineage by her marriage certificate only, they would get the wrong man for her real father.
 
The  two stepchildren were old enough when their real father died to remember him, so it was definitely a conscious decision to use their stepfather's name.
The stepdaughter also named her own children's Christian names after their stepfather.
My guess is: he was just like a real father to them, so they took his name. They were quite a large close a knit family

Kind Regards:)

[lizdb]

You can call yourself what you like - so there is no reason why stepchildren cannot choose to take on the name of a stepfather if they wish, and use that name for all legal documents. It is quite legal as long as there is no intention to defraud.

[gamosa]

My situation is similar to Pat's - I have an ancestor who had an illg child and that child took her surname. 

But then her widowed father remarried, and subsequently died, so the last known info I have for my ancestor is that she was living with her stepmother.  There is speculation that each woman re/married, but I cannot find any trace of my ancestor beyond 1891.  I will have to do some searching using her stepmother's new married name.

Thanks to all of you for your feedback.