Can My Husband Adopt My Daughter?

Question

My daughters biological father no longer sees my daughter and has stopped the maintainance, he threw a hissy fit on Good Friday as we believe that you cannot eat meat (apart from fish) on that day, he rang me up and had a right go at me because of this, he got her up out of bed at 9pm, dragged her onto a bus on a cold / windy night and brought her home (he had contact fri - sat). During the days he dumped her onto his mum or sister and he never spent any time with her, well only collecting her and bringing her home. She calls my husband daddy as we have been together since she was 4 months old.

My question is now that my ex said he wants nothing to do with her, can my husband, the man she calls daddy adopt her? If i ask paul to sign the adoption papers he wil most likely refuse, he is an awkward bar stool. Also it would make my life so much more easier if she was my husbands child not pauls. if thst makes sence.....

Thanks in advance. If i can think of any more info ill post it.

Answer 1

I am in same situation and have not really been able to get an answer to this either. I know that you have to hire an attorney and that it is expensive.

Answer 2

If your ex signed the birth certificate then no your husband cant adopt her unless your ex signs the adoption papers. Thats how it is in Arkansas but you should ask someone in the legal department in your area to see how that works where you live. Hope all goes well Good Luck

Answer 3

For adoption you need fathers consent but you can change her name by deed poll which is not very expensive i did it for my step son but as he was a bit older he had to send of all his documents IE driving licences,passport etc look it up on website I'm not sure what it is but good luck and its possible

Answer 4

The answer is yes in the UK, it might take some time but step-parent adoptions happen al lthe time.

It is best if you have been married 12 months, if your daughter is old enough and wishes this to happen.

You go to the local authority adoption section for a non agency adoption and fill out a request, teh sooner you get this in writing the quicker it will work out.

They will wish to do an Appendix A assessment and to have checks like medical and CRB checks.

They will ask your Ex for his views. He can oppose but in the end, with advise he might see sense.

I work for the courts in the UK, I do this sort of thing as a Reporting officer and I have seen many parents in the same situation.

You can go to the CAFCASS wbsite or try BAAF for information.

If you use a solicitor most dont know about adoption and will only start off the process, it will cost a lot if it is contested so better to do this bit yourself.

You dont say how old your daughter is, best not to give away identifying info on this site.  The answers you have from USA or from people in the UK mention the law before it was changed in 2002.

Answer 5

the childs father will have to relinquish his rights , you cannot force him.

Answer 6

YES HE CAN

Answer 7

it is most likely impossible without the consent of the biological father, but you should consult an attorney familiar with the law in your state.

besides, if the father really is that big of a tool, you can probably talk him into it. tell him if he wants to be a father, he should pay child support and threaten to take him to court. or offer to pay him to sign the adoption papers. or both. just figure out what he wants, since he clearly doesn't want to be a father, and offer it to him.

Answer 8

You need to speak to a solicitor on this one.

I had personal experience on this topic albeit 20yrs ago. The way the law stood then was it not only needed the fathers consent but yours as well. In other words, you also relinquish your parental rights and then adopt her with Jarrod.

For us, it proved too complicated, we opted for a name change by deed poll instead.

That was the law in the UK in 1983, it may have changed since then.

Answer 9

You need to take legal advice - yes, your partner can adopt her, but without her biological fathers agreement it can be a minefield. Good luck.

Answer 10

Well my husband adopted my son last year, his bio dad never even met him paid any maintenance etc but they still had to trace him and ask him, our social worker said even if he refused it wouldn't be taken into consideration in court as it would be him just disrupting things anyway she said it would go through either way, you have a good chance of your hubby being able to adopt your daughter, start by getting in touch with your local council and asking for the local adoption agencies number you then call them give them a brief outline of what you want to happen and then a social worker gets in touch and it goes from there!

Your hubby has been with her practically her whole life you dont have anything to lose!!

Answer 11

Your ex must be willing to legally give up his parental rights to your daughter, this must be done throught the court of law.

If he won't relinquish his rights there is nothing you can do.

However get on to your lawyer and the csa to inform them that he has stopped his payments.

Answer 12

Your husband won't be able to adopt your daughter without the biological fathers permission, sorry.