Does anyone know about the UK laws for step-parent adoption?

Question

My husband wants to adopt my 4yr old son but the biological father (who hasn't seen or contacted my son in 2 years) is on the birth certificate. I am unsure where to start. I have no idea where the biological father is to even ask for his consent not that it matters he is an alcoholic and abandoned him. Any advice?

Answer 1

Go to the Citizens Advice and they will tell you the steps you need to take. I dont think he will be able to adopt her without the father's permission though - she can have only one legal father and you can't just remove the existing one because you want to, any more than another woman could adopt your daughter and take over as mother without your agreement.

Answer 2

The CAB but tell you other half its not the one that sows the seeds its the one that tends them,

                  Wish you all the luck foryou,partnerand your son

Answer 3

hi im in the same boat as u, with useless father for my boy. all i know is that if he on birth certificate then u need to have his signiture on this matter. i wanted to change my boys surname back to my own but they told me i couldnt without my ex signiture, but i got an document stating he is to be known by my surname without changing it on his certificate. its all above board and legal. so when he older his driving lience and passport can be in my surname not my ex. the best thing is to seek legal help. hope this helps

Answer 4

i was in the same position. the first step is to appoint a family lawyer. your lawyer will take statements from both you and your partner and possibly some family members. the whole process can take up to a year and is costly but worth it. the final decision is made by a judge after home interviews from social services and a medical on your partner. as far as the bio father is concerned, if he has not had contact with your child or given financial support  and you were never married then you will not need his consent although he will be informed and his opinion asked if he is able to be found.

good luck with it all!

Answer 5

I believe that you have to make attempts to contact the biological father, and 'the court' needs to be satisfied that you have made every attempt possible. This means that unless he is not paying any council tax, not working, not claiming any benefits.....then there ARE means to contact him to ask for consent.

Basically your ex will have to give his consent for the adoption to go ahead....even though he is an alcoholic and abandoned your son. Its really unfair, I know. I had similar issues with my ex. As your son is 4 years old, I'm assuming that the bio-father has automatic PR (parental responsibility). He will if your child was born after December 2002 (I think that was the date - definately 2002)

You may wish to consider the fact that, when you contact to ask for consent to the adoption, that your ex may suddenly decide its an ideal time to walk back into your child's life.....which he has every legal entitlement to do (this happened to me). This then opens up another can of worms....and even though it seems unfair and ridiculous.....the courts will grant SOME form of contact for the bio-dad. My ex got contact and he is a convicted drug dealer and I proved via drug testing in court that he was 'off-his-box' on cocaine! The alcoholism won't cut the mustard in court unfortunately.

On the flip side.....you need to be aware of the long-lasting implications for your child....the bio-dad is not easily "erased"....even after adoption. There will be questions later, as the child gets older....and possible resentment by your child that his ties with his biological dad have been removed without his knowing consent.

If I were you, I would think long and hard before making any decision. There are so many considerations. Your husband has rights because he resides with the child. Although you may wish to seek a residence order for your husband....which would give extra rights. However, I think you would similiarly need to seek permission from the absent father. It really is a totally unfair situation!

Please seek proper legal advice. This area is a minefield....and I have often found, to my utter disbelief....that common sense rarely prevails in the rulings of the family court!

Good luck!

Answer 6

if you apply for your hubby to adopt your son, the court will contact his biological father to ask permission. if he agrees, then all will be well. if he ignores the letter than he has a limited amout of time to contest it. if he disagrees and wants to be the 'father' you may have a bit of a time getting him to change his mind. good luck x