need info on birth certificate and adoption

(8 Posts)
amie28 Mon 20-May-13 20:54:57

When I registered my 4 year old son I only got a temporary birth certificate in case my sons dad wanted to be on it but 4 years down the line he's not interested but my partner of 3 years wants to adopt my son coz we're getting married and I'm pregnant so we want us all to have the same surname .
Can I still get a proper birth certificate and can my partner adopt him and how do we do it ?

MissFenella Mon 20-May-13 21:52:41

I think that they now say that wanting to have the same surname is not a good reason to adopt and its unlikely to get agreement from the court. Is your 4 year olds father still in the picture?

amie28 Mon 20-May-13 22:02:35

No he's not been around since I got pregnant and mayb I should of worded t different but he doesn't want to adopt just for the surname it's because he's been there since my son was born and as far as they are both concerned they are father and son and we want them to officially be father and son I want him to be a legal gardian if anything ever happened to me

ihearsounds Mon 20-May-13 22:18:59

Legally he would have to adopt. You cannot just add anyone's name on the BC.

amie28 Mon 20-May-13 22:36:42

I wasn't asking if I could add his name on bc coz he's not the biological father I was asking how does he adopt him
Obviously ppl are reading my post right

Lilka Mon 20-May-13 22:45:55

There is a very good booklet here www3.hants.gov.uk/step_parent_adoption_booklet_27.11.07.pdf which explains the step parent adoption process well

You would start the process by phoning your council/children's services. You have to inform them of your intent to adopt at least 3 months before making an adoption application, and they will have to assess your partner and talk to you all and make a report about you. If your partner wants to adopt, he therefore needs to be willing to do this, since opening your lives up to social services isn't everyone's idea of a way forwards.

You apply to the court for adoption and then the judge will get the report and make a decision on adoption.

If your partner does adopt, the birth certificate won't matter any more, because your son will recieve an adoption certificate listing you and your partner as adoptive parents. His birth certificate would be void.

ihearsounds Mon 20-May-13 22:50:09

You need to let your local authority know your intention. You make the application to the court. You need to proof that you have made every attempt to contact the absent parent, because his consent is needed. You need to state clearly why it is a good idea, what benefit to your child. What alternatives have been considered. How it is in the best interests of the child, plus some other stuff I forget.

Lilka Mon 20-May-13 22:58:11

Oh yes forgot about absent father bit. Yes SS need to prove they made every effort to contact him and find out how he feels. Whilst he cannot consent if he does not have PR (legally you cannot consent or withhold consent unless you have PR), it is better if the father verbally agrees to adoption in front of SS. If he does have PR (I assume not since he isn't on the BC) then his consent would be necessary or you would have to convince the judge to dispense with his need to consent.

Either way, adoption is set up to be purely about the child. The childs right to be recongised as child of their birth parents is considered very important -adoption will only happen if the judge is convinced the childs welfare demands adoption and the need for adoption outweighs any other considerations and it is clearly in the childs interests to break legal ties with their absent birth parent.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now