Who (if anybody) has PR for my DS?(27 Posts)
Reality- Sorry I can't help with the PR question,I just wanted to say good luck with the adoption.
We are also going through the process of a step-parent adoption and have our first social work visit this morning!
It should be quite interesting as both me and Dh are student social workers as well, so good to see it from both sides I suppose!
Hopefully someone can answer your PR question soon, while I know about Pr (honest!) we just have not covered anything similar to your situation with your Ds.
We are also in the situation where we are pretty sure if ex is traceable he is going to contest the adoption, so predict a rocky few months ahead
Rasputin- Reality is right, mothers now do not have to adopt their child as well.
The whole adoption form we filled in was from my Dh's point of view if that makes sense? with him making the application and me named as partner.
Applying for PR would be easier as you are not terminating the rights of the biological parent as you do with adoption. However, in our case we feel parental responsibility/ residence order is not for us.
Don't they read your posts here reality? Am sure you have said so before..
Yes. Was wondering if they would cause you trouble after Reading it on here!!
iirc if DH wasn't married to you at the time of putting his name on the certificate, isn't it that he has no PR once becoming an exH?
whoever is on the birth certificate has the PR.....a court may (and its a big may sadly)decide to grant the adoption - but you would need to probably do DNA testing to prove your ex H wasn't actually the bio dad.
It will be possible to get your children adpoted by your DP even if ex contests it- but the only problem will be finances - anything is possible in court if you can afford a solicitor good enough to sort it for you....
oh and just to add - since April 2003 (i think it was) any father who isn't married to the mother but is named on the birth certificate also has PR - even if they never marry or never live together etc
silverlining I thought it was 2005 sometime, but I'm in NI so could be different.
tinypawz - you may well be right - I just remember thinking - damn it if I'd known that my ex wouldn't have had to have PR!! NI is normally on the same page as England isn't it?
It was from December 2003 that named fathers got PR.
NI & the rest of GB tend to have slightly different rules, not entirely sure why, but it does make life interesting
taken from divert.gov.uk here
Who has parental responsibility?
In England and Wales, if the parents of a child are married to each other at the time of the birth, or if they have jointly adopted a child, then they both have parental responsibility. Parents do not lose parental responsibility if they divorce, and this applies to both the resident and the non-resident parent.
This is not automatically the case for unmarried parents. According to current law, a mother always has parental responsibility for her child. A father, however, has this responsibility only if he is married to the mother when the child is born or has acquired legal responsibility for his child through one of these three routes:
(from 1 December 2003) by jointly registering the birth of the child with the mother
by a parental responsibility agreement with the mother
by a parental responsibility order, made by a court
Living with the mother, even for a long time, does not give a father parental responsibility and if the parents are not married, parental responsibility does not always pass to the natural father if the mother dies.
All parents (including adoptive parents) have a legal duty to financially support their child, whether they have parental responsibility or not.
sooo.....you put his name the birth certificate when you knew that he could potentially NOT be the father?
Where is Candidate #2?
As the OP was married to her exH when DS was born and he was named on the birth certificate, DS will be legally considered a child of the marriage. That confers automatic PR to both the OP and her exH. PR can only be removed by court order.
Incidentally, I think it's a criminal offence to knowingly name the wrong father on a birth certificate.
I wonder if the best approach might be for the OP to approach her exH and persuade him that it would be in his best interests to apply to the court for a "Declaration of Non-Parentage" as, that way, the CSA would lose all interest in him.
shit snorbs thats a good point - the OP would do well to find out the score on that before saying too much to too many "official" people.....!
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