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Adoption / parental rights

(6 Posts)
maxfc80 Mon 24-Feb-14 10:33:37

Hi, my daughters bio father hasn't seen or made any attempt to see her in 6 years, he only lives a mile or so away. I have gotten married 2 years a go and DD calls hubby daddy and they are really close, DH wants to adopt DD or at least have parental responsibility, she has T1 diabetes but currently he can't have any authority for her medical issues at school etc.
ex is on her birth certificate so would need his permission for adoption, I think he would cause lots of problems (very aggressive controlling man) if he was involved, can anything be done without contacting him?
Thanks in advance

WaitMonkey Mon 24-Feb-14 11:49:11

No I don't think so. He would have to agree to adoption, unless in very exceptional circumstances. Just not bothering to see her, isn't good enough I'm afraid. He would have to agree and it doesn't sound like he would.
You could ask the court if your dh could have parental responsibility, but I don't know how easy this is. Hopefully someone will be along soon with better advice.

benfoldsfive Mon 24-Feb-14 13:46:21

as wait monkey said. You would need his agreement. You can apply for guardianship - this would give pr in the case of medical instances ect. bio dad would need to agree to for this, however they must have real grievances to stop the process. If it works in the childs best interests. unless he voluntarily relinquishes his pr he will always have a say I'm afraid.

mumblechum1 Mon 24-Feb-14 13:49:02

You can't apply for guardianship any more. You should either make a Parental Responsibility Agreement if the bio dad agrees (this involves you all just signing a form), or if he doesn't agree, your husband can make an application for Pr which is likely to be granted. It wouldn't take away the bio dad's PR, the result would be that all 3 had PR but it doesnt' sound as though that would be an issue.

benfoldsfive Mon 24-Feb-14 13:52:12

Cheers mumblechum you have clarified something for me to. I always mean to say its only personal experience/repeated googling due to exs threats that inform my posts!

mumblechum1 Mon 24-Feb-14 13:55:04

smile I'm an ex divorce lawyer turned will writer so have been round the block a few times! grin

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