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Adoption

Here are some suggested organisations that offer expert advice on adoption.

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Original poster

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

12 replies

LoveMyGirls · 03/02/2008 08:44

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.

OP posts:

Freckle · 03/02/2008 09:01

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 · 06/02/2008 17:37

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 · 06/02/2008 17:46

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 · 06/02/2008 18:02

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 )

jimbobsmum · 09/02/2008 20:07

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 · 09/02/2008 20:19

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 · 10/02/2008 14:42

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

Divastrop · 10/02/2008 16:46

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

Lizzer · 10/02/2008 18:52

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 · 10/02/2008 19:06

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 · 10/02/2008 20:07

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.

Original poster

LoveMyGirls · 09/07/2008 19:34

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.

TIA

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