i'm getting married soon and my partner wants to adopt my 4yr old son, we've been together for 3 1/2 yrs. My ex has not seen son for 3yrs but is on birth cert, has never tried for access and never paid maintenance, i don't know if i need to ask his permission but i know he would never agree to it!! We live in Scotland, know the law is slightly different here than England, thanks!!
2006-12-02 11:42:00 · 16 answers · asked by Anonymous in Family & Relationships ➔ Family
you will need the dads permission i'm afraid as he is on BC
2006-12-02 11:51:26 · answer #1 · answered by Welshchick 7 · 0⤊ 0⤋
I know is Australia there is a 5 year wait. My Sister In Law has this. She had a child and the father of the child never had anything to do with the child, no visits, no money etc. When she got married last year, her new hubby wanted to adopt her son, and because the birth father had nothing to do with her son for over 6 years he was able to adopt.
I would check with your lawyer and get as much details as you can, but i am sure there is no problem after a certain time limit.
2006-12-02 17:48:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, your partner can. When the courts hear and see that the father has never paid maintenance, or tried to have a meaningful relationship with his child, it will see that he has not shown any interest.
The bottom line is what is in the best interest of the child. If you and your lawyer are able to demonstrate that it is better for your son to be adopted by your partner, the biological fathers parental rights WILL be terminated based upon his past conduct.
Good luck.
2006-12-02 12:30:41 · answer #3 · answered by roast_breadfruit 3 · 0⤊ 0⤋
I'm not sure about how the laws go there, but here in Arizona, the father has to give up, legally, all his parental rights before the child can be adopted by your soon to be husband. Check with your local governmental agency, they should be able to tell you.
2006-12-02 16:31:31 · answer #4 · answered by kim h 3 · 0⤊ 0⤋
paid maintenance ??? you talking about a water heater or something...
Child support sounds better then Maintenance but i think your X will have to sign off on the paper work to give him up but if you contact him it may be more of a problem then what it's worth after all it is just paper it dont chage the love you & your partner have for the child...
Best of luck 2 u both
2006-12-02 11:51:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Go ti a lawyer. They Will have all the laws on whether the person on the birth certificate holds any rights at all..since he hasn't seen the baby in years..here it would be abandonment..and you could adopt the child no problem.
I hope it works for you
:-)
2006-12-02 11:45:53 · answer #6 · answered by ? 6 · 0⤊ 0⤋
what makes you think he wont agree to it? come out and tell him that you want him to sign over his parental rights and that if is not willing to do so. then you have no choice other than to ask for support. your partner can not adopt him unless the father gives up his rights.or you could try to file a petition to the courts of abandonment and maybe the courts can sign his right off.
2006-12-02 11:54:26 · answer #7 · answered by here to help 4 · 0⤊ 0⤋
in england the birth father has to give permission.you would need to get in touch with the relevant bodies but it may be a long drawn out procedure.good luck x
2006-12-03 08:53:02 · answer #8 · answered by Nellynoo 4 · 1⤊ 0⤋
Your son's organic and organic father might could petition the court docket to relinquish his parental rights, then your better half might petition the court docket to undertake your son. The decide in each case has the authority to grant or deny the petition. the 1st step could be to preserve an criminal professional who focuses on family regulation. wish that facilitates.
2016-10-17 15:15:19 · answer #9 · answered by ? 4 · 0⤊ 0⤋
not sure of scottish law so best check with a solicitor. but in england u have to get fathers permission, sorry about that.
2006-12-02 11:48:11 · answer #10 · answered by Karen P 3 · 0⤊ 0⤋
This will give you a start...
http://www.baaf.org.uk/info/firstq/adoption.shtml#step
Best of luck with everything. I don't know your situation, of course, but it sickens me to hear of a father who doesn't see his children. Your new partner sounds like a good guy. Hope it all works out :-)
2006-12-02 11:49:16 · answer #11 · answered by Anonymous · 0⤊ 0⤋