Can my new husband adopt my son?

[Alisonjayjay]

I have an 8 year old son from a previous relationship. The father isn't named on the birth certificate & hasn't been a part of his son's life at all through his own choice. I haven't seen him in 8 years & last I heard he was living in Greece. I have a new partner who is like a father to my son. We have been together since my son was three. He calls him Dad & we now have a new baby together & plan to marry. If we get married will he have parental rights to my son? We've also discussed if he could adopt my oldest son? How would this work? I have no idea where my son's biological father is & even if I did would he have any rights to prevent my partner adopting?

I'm not sure, but I think that allowing your husband to adopt your son means that you give up your rights to your son temporarily, and he could go into care for a small while, meaning its possible another couple can adopt him- but this is probably unlikely. Then you would both have to adopt him as both parents. I think- I'm not a social worker, but have some limited knowledge of adoption, but I'd advise you to re-ask this question on 'Legal' where someone with legal, proffessional knowledge could give you advice about alterntives etc; and about adoption laws.

If your son's father isn't on the birth certificate, then I think he doesn't legally count as the father, or something, so maybe in your will you could make your husband the guardian if you die, for instance, but I don't think your DS' biological father would have any rights about adoption or guardianship.

He could apply for parental responsibility once your married?

not being rude but almost nothing in the previous answer is true.

Skratta- I'm sorry but your advice is hugely inaccurate. Please don't give people legal advice on something so huge if you aren't sure.

Skratta, your advice is way off I'm afraid.

In short, yes, your husband can adopt your son. It's a lengthy process, but can and has been done many many times. I am not 100% on the details though so don't want to give wrong advice on how the process actually works though.

Someone will be along soon who knows the in's and out's. Good luck

Skratta's answer is very innacurate

It's possible for your partner to adopt, yes. You don't actually need to be married for adoption to happen. The process takes months, and will involve social services as well as the court. Basically, you have to notify social services that your partner intends to adopt at least 3 months before you submit forms to the court, then social services are supposed to do the assesments on your family (your partner would need a CRB, you will be interviewed at home etc etc) in a timely manner. DP would then apply to the court for an adoption order and the judge will decide whether or not to grant it. Social services will submit a report with a recommendation to him. If the biological father does not have PR, it's easier than if he did have PR, but efforts will need to be made to contact him and gain his consent. If he can't be found or won't consent, the judge needs to be convinced that it is in your sons best interests that the father's rights are removed without consent so he can be adopted.

There are also other ways your husband can get parental responsiblity that wouldn't make him the legal father

excuse me, I mean the bioligical father's views should be sought, not his consent, because he can't formally consent if he doesn't have PR. They should try to find him though and ask him about it

and of course if he has no rights anyway, the judge doesn't have to remove rights from him either, which is why it's easier than if he did have PR.

This site should have an edit post button

If your main aim is to ensure that your DP will be able to care for your son if anything happened to you, then there are lesser orders that you can apply for that would ensure this.

Eg information on residence orders www.alternativefamilylaw.co.uk/en/children/residence-orders.htm