Can DP legally adopt my DC?

[NotShortImFunSized]

My partner and I have been together since my 2 dc were 2 & 4.

Their "real" father has had no contact with them since they were tiny although we were married when they were born and he is named on the birth certificates.

ExP is currently in prison and has a no contact order made by court on CAFFCASS recommendation from when he tried to see them whilst still in prison, this was a coupe of years ago.

What I am trying to find out is if I need my ExP's permission if my partner was to try adopting them? If anything were to happen to me I'd like the peace of mind that the children would be ok and stay with my DP.

I'd be grateful for any advice :)

You are very likely to need birth paretn consent to an adoption. If you look in the adoption section there is a fairly recent thread about this.

As he holds PR you will need his permission. Simple as that. Fill in a C(PRA1) form.

If you feel that strongly about it and he refuses you can make an application to the court. You will have to demonstrate that it is in the best interests of your DC for this to happen.

C(PRA1) is irrelevant. That form is used by a mother to give PR to the child's father. As he has PR already through marriage filling in a C(PRA1) would be pointless. There is a separate form for giving PR to a step parent - C(PRA2). However, that can only be used with the father's agreement. Even then it is only possible to give PR if the OP is married or in a civil partnership with her partner.

OP - Note that adopting your children would mean that you cannot claim child maintenance from their father and that your children would lose any right to inherit from him or his family.

Thank you for all the advice. Looks like I will have a fight on my hands then as I don't think there is any way Exp will agree unfortunately :(

I will give the advice line a ring and see what they say.

I'm not bothered at all about child maintenance, he's not had any contact with them since they were 18m & 3 years and paid nothing towards them since and that's now been almost 9 years.

Thanks again for the replies x

would a residence order to you and your partner meet the situation?

I know you did say 'adopt', but a residence order would give you the peace of mind you mention.