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Do you have to be married to your dc's Step-Dad in order to Adopt?

(13 Posts)
LoveMyGirls Sun 03-Feb-08 08:44:36

Or even to get a PRO and residency order?

I've been with dp fore 6 years and my dd1 is 8, I haven't seen her bio father since she was 3 mths old.

Any Help or advice would be appreciated.

Freckle Sun 03-Feb-08 09:01:13

It used to be the case, but the Adoption and Children Act 2002 changed that requirement. You will need to contact your local authority prior to submitting an application to the court.

Lasvegas Wed 06-Feb-08 17:37:55

I assume you are biological mother and your partner wants to adopt. Yes you need to be married to the step father, in actual fact he can only be a step father if he is married to you. You have to be married for at least a year before you apply to the courts. I am going through the step parent process currently.

Freckle Wed 06-Feb-08 17:46:51

The Adoption and Children Act 2002, implemented on 30 December 2005, specifically provides for unmarried couples to adopt. Did you start your process prior to this date?

Lizzer Wed 06-Feb-08 18:02:27

Hi Lovemygirls, your situation is exactly the same as mine (even dd ages!) We have a ds together and plan to get married soon.
I have been told that a PRO is pretty much worthless road to go down as it doesn't count for an awful lot...

Can I ask you do you have your dd's biofather's name on her birth cert? Does anyone know if this makes a difference to applying for adoption.

Also, I was told that your child has to have an adoption cert. with you as an adoptive mother on it? Anyone know if this is true?

(Sorry for hijacking your thread a bit LMG just really interested in how it all works blush)

jimbobsmum Sat 09-Feb-08 20:07:21

Yes you both have to adopt. Otherwise you would be giving sole parental responsibilty to the non bio parent. therefore both have to adopt. as far as I am aware the adoption act has now made it possible for non married couples to adopt. but you could get in touch with BAAF.

Divastrop Sat 09-Feb-08 20:19:23

you no longer both have to adopt,only the step-parent has to,and you no longer have to be married for your dp to adopt,although you do for a PRO.

if the child's father is named on the birth certificate and the child was born after december 2003,then the father has PR and you will need his permission for the adoption to take place,or you will need to apply to the court to dispense with his permission.

Lizzer Sun 10-Feb-08 14:42:12

Thanks for answering my Q's even though there's conflicting advce-i'm off to research this a bit more now smile

Divastrop Sun 10-Feb-08 16:46:25

dh and i are currently going through the process,he is applying to adopt ds2,i have just told you what the solicitor told ussmile

Lizzer Sun 10-Feb-08 18:52:33

That's brilliant divastrop, there's a lot of out of date stuff online and its v confusing. I'm so pleased i don't have to be an adoptive parent to my own daughter, it seemed a bit odd. How long to go before you're all official? It must be an amazing feeling.

karen999 Sun 10-Feb-08 19:06:30

Adoption extinguishes all PRR's for the biologial father. Were you married to the father? If the father has PRR's then he would have to be contacted (where possible) to see if he would agree to this. It's quite complicated, so I would advise you to speak to a solicitor. Also, I really only know basic Scots law in this area, so hopefully someone will be along who can help.

Divastrop Sun 10-Feb-08 20:07:11

we have just signed the forms applying to the court to dispense with xh's consent for the adoption(the solicitor wrote to him a few times at his last known address and he never replied).so i'm a bit worried atm.

i agree,if your dd's bio father has PR then its more complicated and you would really need a solicitor.if he hasnt then its pretty straightforward from what i can gather.

LoveMyGirls Wed 09-Jul-08 19:34:36

Hi again,

Dd1 asked this morning to see her bio dad after a long talk she has decided she doesn't want to see him but would like to think about my dp (who we call her dad) adopting her (i've explained its like marriage in a way, theres a peice of paper bonding you together, so that she is legally his)

What would the first step be, how long could the adoption take etc? Any information would be helpful.

I wasn't married to her bio dad and he doesn't have PR as she was born before 2003 but his name is on the birth certificate. He hasn't had any contact with her since she was 3mths old.


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