My son's biological father isn't on the birth certificate and doesn't see my son (his own choice I did everything I could to get him involved) my husband to be and I want my h2b to adopt my son after our wedding. Would we need the biological fathers consent? Does any body know the procedure?
Also would we need the biological fathers consent to change my sons name by deed poll?
Thank you in advance xx
CommentAuthorGlitterfairy
I'm not sure how it works exactly but if he has no contact it should be easier.
Our wedding day - 6 October 2012
CommentAuthorDanielleS0709
I'm not sure but I don't see what you would if his name isn't on birth certificate
21st May 2016 xxx
CommentAuthorGeorginaD78
I think I'll have to talk a solicitor closer to our wedding day, I just wondered if anyone else whent throught this and what the process is. I am worried my h2b wont be able to adopt my son because the biological father may say no as a power trip kind of thing (if we need his consent) xx
CommentAuthorGlitterfairy
I found the following
5. Adopting a stepchild You need to tell your local council if you want to adopt your spouse’s or partner’s child. You must do this at least 3 months before applying to a court for an adoption order.
The child must also have lived with both of you for at least 6 months.
The adoption assessment The process to adopt is similar to an assessment through an adoption agency.
The assessment is used to help a court decide if you can adopt the child (rather than being sent to an independent adoption panel).
The court will ask your local council to provide a report on:
your partner the child the other birth parent The report will be prepared by a social worker and will be used to help the court make a decision.
If granted, the adoption court order gives you parental responsibility for the child - along with your spouse or partner.
The order also takes away parental responsibility from:
the child’s other birth parent anyone else who has parental responsibility for the child An adoption order cancels any other type of court order, eg how, and when, the child’s birth parent can visit the child.
If they make a report on the other birth parent and they have no part of their lives or on the BC, I'd imagine it would be pretty straightforward,
If an unmarried father is not present and does not sign the register, his details will not be included on the birth certificate and he will not gain Parental Responsibility for his child, unless:
He makes a statutory declaration acknowledging that he is the father, which the mother must give to the registrar, or A parental responsibility agreement or court order has been made and this document is presented at the register office.
Our wedding day - 6 October 2012
CommentAuthorGeorginaD78
I see that first message when I looked it up on the internet. It is acknowledged through the courts the name of his biological father as I was advised by a solicitor to get a prohibited steps order out on him to protect my son. So I don't know where I stand. I just want to know if I need the biological fathers consent as if I do there is no point in wasting money on solicitor fees as I know even though he doesnt want anything to do with my son he will not give consent. Life is such a pain in the bum xxx
CommentAuthormichgib
Thats lovely I hope you manage with no complications
CommentAuthorGlitterfairy
Actually thinking about it, when I had my second child, my ex was not with me, we were not married, he has signed nothing at all ever, so reading that, he's never had parental responsibility for him. He's now 20!
Our wedding day - 6 October 2012
CommentAuthorlala "mod" bunni
Contact a family solicitor that is part of the free 30 mins ( could be longer ) consultation scheme .... They would be able to give you the answer while not costing you anything
Ooh I didnt know you could do that now, I thought you had to pay for everything. I shall do that closer to the wedding day as still have 2 years so not going to ask a solicitor too early incase things change.
Its fantastic my other half wants to adopt my son. He is the only one who has ever been any sort of daddy to my little man. Its about time my little boy had a 'proper' family
Glitterfairy thats so sad. I honestly don't know how a parent can turn their back on their child. It disgusts me. At least your son has you as mum :)
Thank you all for your help. It is appreciated xxx
CommentAuthorInDreamland
Good luck in getting the adoption and name change x
Married the love of my life on Saturday 11th May 2013 xxx
Had our dream perfect honeymoon in Hawaii!
CommentAuthorVictoriaL46
I remember hearing something about this a while ago and I am sure that they will try for his consent but if he doesn't respond within a certain period then they find no reason against and it gets granted. I could be wrong though.
I agree with Lala. Get some free legal advice.
Met in Nov 2005
Engaged 13th June 2013
Becomes Mrs Stewart on 10th Aug 2015 Honeymoon in Florida!
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