Been together since she was 2 yrs old and her real father who knows where we live has never, not even once tried to contact us to be a dad to her. He was in prison when she was born and has seen her once when she was a baby. Has paid no money as i didnt want his money.Never lived with us we never married and his name isnt on the birth certificate. (because he was in prison)!! He is a waste of space and i want my daghter to have a proper daddy. My partner loves her unconditionaly even though we have had a baby of our own aswell. Does anyone have any advice or personnal experience with this.
2007-03-04 22:15:43 · 20 answers · asked by carinaburke 2 in Pregnancy & Parenting ➔ Parenting
Bracknell Forest Council's website has a lot of detailed information about Step Parent Adoption. It covers all areas, such as the criteria, the impact and birth fathers rights. You can read through the articles here: http://www.bracknell-forest.gov.uk/living/liv-children-and-families/liv-step-parent-adoption.htm
If your daughters birth father has parental responsibility, it is likely that he will have to give his permission for the adoption. The court can decide in certain circumstances (absence for example) that the absent parents approval isn't required.
The court will also expect you to have considered other alternatives (see: http://www.bracknell-forest.gov.uk/living/liv-children-and-families/liv-step-parent-adoption/liv-alternatives-to-step-parent-adoption.htm for details)
You will need to find a solicitor who specialises in children and family law. You will find details in the local telephone directory or the Yellow Pages. Most solicitors offer a free 30 minute session, where you will be able to ask questions about cost etc. They will be the best people to tell you if you are likely to find it to be an easy process.
The adopted child also loses any rights to maintenance and inheritance from the other birth parent or that parents family. In effect step parent adoption means that your child would no longer have any legal ties to the other birth parent and a large section of their family.
There is also a great section on adoption on Suttons Council website, with further information links and support: http://www.sutton.gov.uk/childrenservice/adoptionandfostering/stepparentadoption.htm
2007-03-04 22:18:39 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I had a friend in a very similar position - her new husband loved her daughter from a previous relationship just as much as the son they had together, the daughter's father wasn't in jail but simply not interested or involved. New hubby was able to adopt her quite easily. The only clue to their heritage now is the fact that she's mixed-race and the rest of the family's all white!
I'm almost certain that if he's not named on the birth certificate and not married to the mother, the father loses all rights when it comes to such issues. That seems harsh to me (as a man who would hate to lose touch - with any child - without having a say in the matter), but in your case it's probably a good thing.
Good luck, and I hope you're all really happy.
2007-03-04 22:48:04 · answer #2 · answered by gvih2g2 5 · 1⤊ 1⤋
If the childs biological father isn't on her birth certificate and you deny knowing who the father is than you should easily be able to allow your partner to adopt.
You may want to consult with an adoption attorney in your state because your laws may provide that you must find and petition the father of the child after extensive investigation and paternity testing, so the biological father has the opportunity to contest the petition for adoption.
If the father knows that the child is his, he can file a paternity suit against you and require that DNA testing be done. it doesn't matter that he's been in prison. He still has parental rights to the child, unfortunately.
Your best bet is to contact an attorney that specializes in this area.
Good Luck
2007-03-04 22:28:20 · answer #3 · answered by ~Me~ 4 · 1⤊ 0⤋
Yes, depends on the state you are in though. I know Kansas law because my current husband would like to adopt my daughter as soon as she is born due to my ex-husbands "lack of better judgment" to say the least. I know from what my ex has done, his parental rights can be severed by court order, and he can do nothing about it. Another way is you go to court and prove he has made no attempt to be in the child's life for 2 years. No support(even if you don't ask for it), no visits, no calls, nothing. It also depends on what he went to prison for. If it is a high enough offense, he can be deemed an unfit parent, then all you have to do is have the legal paper work drawn up for your current husband to adopt you child. You sign, and he signs, and you bring proof of the other parent's rights being terminated.
2007-03-04 22:31:18 · answer #4 · answered by Victoria B 2 · 1⤊ 0⤋
Contact legal advice or citizens advice. My (ex) husband adopted my son when he was young. He was old enough to give an opinion to the judge and it was done in an informal setting in his office. With no fathers name on the birth certificate (like me) its easier and should go through fairly quickly. Good Luck x
2007-03-04 22:19:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm so happy to hear that your partner is willing to accept your daughter as his own. Unfortunately, her father has to voluntarily give up his parental rights, and if he doesn't you would have to open a court case to terminate them. I went through this thing years ago but I was the one adopting my husband's son from a previous marriage. We had to take his "birth mother" to court and terminate her rights. She did not fight us at all and didn't even bother showing up for the hearing, but it took us a few years to do this. Hopefully it wouldn't take you that long. Good luck!
2007-03-04 23:35:54 · answer #6 · answered by spelling nazi 5 · 0⤊ 0⤋
If the real father's name isn't on the birth certificate and you weren't married to him when your baby was born then he has no parental responsibility for your daughter and it shouldn't be very complicated for your partner to adopt her.
2007-03-05 01:01:01 · answer #7 · answered by Ricecakes 6 · 0⤊ 0⤋
YES.......its possible. Take that dumbass to court. Its your childs right to be supported by her father, prison or not. That baby deserves a good life. Get married young lady, are you frightened to be called mother? That gentleman your with now also deserves to be called father. Just a grand guy. Live life....protect your wonderful, precious daughter with your love and with your marriage.
2007-03-08 13:43:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
in a similar situation and have spoken to a solicitor. as his name is not on birth certificate you should not have to seek his permission but you have to have been married to your present partner for over a year. your partner can however become a legal guardian for you daughter and also (i think) get partental responsiblity.you can also get her name changed to that of your partners if wished again without seeking permission. my advice would be to see a solicitor to get the ball rolling. i wish you, your daughter and her "new" dad all the luck in the world.
2007-03-04 22:27:17 · answer #9 · answered by susie2601 1 · 0⤊ 0⤋
Unfortunately, you will still need the original fathers permission to adopt. I am in a simular situation. My wifes previous husband was a loser. 18 years, 3 children not a penny in child support. Every time we went to court to get child support, he quit his job. He even tried to abduct the oldest child from school and take her to England with him. I have been with my wife for 18 years and all 3 girls call me dad and want me to walk them down the aisle when they get married. He wouldn't give permission to adopt, but what goes around comes around. They dont want anything to do with him.
2007-03-04 22:26:15 · answer #10 · answered by joe c 2 · 2⤊ 0⤋