If I get married - do I have to adopt my own son?

Mojisola

Mojisola wrote: »

But the child's father would normally have to agree to giving up his parental responsibility.

Vomityspice wrote: »

Your almost right! As part of the assessment for step parent adoption, the social worker from the local authority will make enquiries about the biological father (irrespective of if they are on the birth certificate).

Ideally, you would want them to consent, but if they don't, then the court has powers to dispense with their views.

Remember the court will consider the child's right to know their father.

Which bit is wrong?

Vomityspice

Mojisola wrote: »

But the child's father would normally have to agree to giving up his parental responsibility.

Courts can and do dispense with the non residents parents wishes especially if you can evidence that they are not involved (and not because you are prohibiting contact).

Your statement may have given the impression that a father's consent was actually required. This is wrong. (Or I misread your intonation).

There is no need to pay a solicitor to make an application. They will only ask you the same questions that are on the application form and then fill them in.

If you want to pursue it, talk to your local authority about timescales ( usually the Adoption team) but remember, you need to formally notify the LA of your intention before making your application ( no idea why as they probably will do nothing until they receive the instructions from the court)

Mojisola

Vomityspice wrote: »

Courts can and do dispense with the non residents parents wishes especially if you can evidence that they are not involved (and not because you are prohibiting contact).

Your statement may have given the impression that a father's consent was actually required. This is wrong. (Or I misread your intonation).

Not with the word "normally" in there. That allows for all the situations where it's not normally required.

Mossop93

No he doesn't have parental responsibility. He's not on the birth certificate

Vomityspice

Mossop93 wrote: »

No he doesn't have parental responsibility. He's not on the birth certificate

He doesn't have to have parental authority!!! It's a red herring. The local authority will not care. They will be concerned with who is the biological father is.

Vomityspice

Mojisola wrote: »

Not with the word "normally" in there. That allows for all the situations where it's not normally required.

I agree, but the full significance of 'normal' might have been missed by the OP.

I.e. we had a step parent adoption where the mother had Huntingtons disease and so was unable to consent. We had to get the official solicitor involved to get it approved ( adoption by grandparents). We had to instruct a medical expert to confirm that the mother wouldn't get better. Took longer than usual, but got there in the end.

Mossop93

Yes I understand that, I hadn't read your post yet.

For some reason my comment doesn't appear to have edited, I asked for more information on it.

But as I previously said my partner will not be adopting my son. Not as a father nor a step father. I will not be changing my sons name either. If my partner did adopt my son it wouldn't be until my son was old enough to make that decision for himself.

cte1111

Mojisola wrote: »

Not with the word "normally" in there. That allows for all the situations where it's not normally required.

I think "normally" should be replaced by "in some cases". That was the point that myself and other posters were trying to make.

mum2one

shegirl wrote: »

What on earth could ever be a valid reason for not wanting contact with your own child?

There are men that don't want contact with their children my daughter dad denied for over 5 yrs that he was her father to his own parents - shes 10 and he's never seen her

shegirl

mum2one wrote: »

There are men that don't want contact with their children my daughter dad denied for over 5 yrs that he was her father to his own parents - shes 10 and he's never seen her

Oh,I know that.Ds dad decided never to have contact last year (ds is now 14!) when he ran off with someone else (he was one who denied to his mother years ago too).It was the 'valid reason' that puzzled me.