can someone separated adopt child

[LittleCloudy]

my partner is going thru divorce. He and his wife are separated for some time now. We have 2 kids togeher and I have one child from previous marriage. I am just wonder if my partner can adopt my firstborn before he gets divorce. I am kind of scared as my health is not in perfect shape and in case if sth happened I wish he was able legaly take care for all our children ( even the one who is not legally his). First child's father has parental rights taken away from him long time ago.

[Ted27]

the short answer is yes, it is legally possible for a stepparent to adopt a child. It does sound like a complicated situation though, why before he is divorced ? You have to apply to your local authority and they will do an assessment. As you are not married that will probably include an assessment of the security/stability of your relationship - I think him being married to someone else wil not help you

[LittleCloudy]

yeah I know stepdad can adopt but the problem is he is not divorced with his wife they just separated for long long time. I wanted do it before he is divorced as I will have to get some surgery and in case if something went wrong I don't want my kids were separaed and one finish in orphanage (I have no other familly to take care of them).

[Ted27]

no one here can give you a definitive answer as there has to be an assessment and we cannot second guess the outcome of that. Personally I think SWs will want to discuss why he isn't divorced. There may be a perfectly reasonable answer and they will approve but you won't know until you ask.

In any case the adoption process is not quick. If your surgery is imminent and you are concerned about the outcome I'd take some legal advice about other options. There are other ways of ensuring the outcome you want short of adoption.
I'm a single adoptive mum, if anything happens to me my son will go to an uncle, but he won't be adopted by them.

[Jessica78]

Also, your child wouldn't go to an 'orphanage' / in to care if their stepdad is a suitable parent for them. SW would want to keep your child with someone who loves and cares for them. You could put a legal agreement in place prior to your surgery about the care of your child in a will or something before you go in for it?

[clairedelalune]

It would be easier, quicker and probably cheaper to make an amendment to your will which states that he will become the guardian should anything happen to you.