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Can My children 'adopt' their step-father (My DH)?

4 replies

squashedfly · 06/04/2011 12:55

I was hoping if someone might have experience/knowledge of this.
My ex husband divorced me when our twins were almost 3. They have had almost no contact with him since then (his choice). I remarried when twins were 5 and my DH has been their father to all intents and purposes since they were 4. The twins changed their name (non-legally) at the time of the wedding (their request) and has since done this legally as soon as they were old enough (16).

They are now approaching their 18th birthdays and obviously are becoming adults in the eyes of the law, but we were worried that if I died, and then something happened to them (heaven forbid) then my husband would have no legal 'right' to them ifyswim. Next of kin etc.

Also I think that they would quite like to publicly disown their biological dad and make some kind of gesture to their step-dad as they love him so much and appreciate him - and they have heard that this might be possible. They are aware that they would possibly relinquish any right to possible inheritance. But as he has never contributed financially in life, it is unlikely that he will make provisions for them after his death.
Also just to complicate things we have gone on to have three more children together who are oblivious to the fact that their brother and sister don't share the same Dad. We didn't try to keep it a secret - it just never came up - my ex lives abroad and didnt ever visit or send cards etc to the twins so it was never something that needed to be discussed.

I hope this all makes sense, would be grateful if anyone has any suggestions. BTW the twins turn 18 in June this year.....

OP posts:
mumblechum1 · 06/04/2011 15:09

Well, they can't "adopt" each other legally (though it is a very sweet idea Smile), but if you're worried about the next of kin thing, there's nothing to stop them putting their step dad down as next of kin on hospital consent forms, the back of their passports etc.

If your dh wants them to inherit anything he'll have to make a will specifically naming them, not just saying "my children", as that would mean just his bio children.

squashedfly · 06/04/2011 16:13

thanks for the replies.
Mumblechum - thanks for that, maybe its just in America you can do it. Very useful info re DH's will - didn't realise that. Will get on to it.
Its such a shame, I so wish he really was their bio dad, I mean he is where it really counts but still....they deserve it to be legally recognised I reckon, it means so much to people in these situations. Ah well.

OP posts:
mumblechum1 · 06/04/2011 17:43

I agree, in those circs it would be lovely to have some formal recognition of what your dh has done in terms of real fatherhood.

If you want a will writing, Ihave an advert in the Small businesses Classified section.

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