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amandaw · Oct 31, 2010, 02:28 AM

I have been with my husband 11 years now and her biological father has not been in her life since she was 4 due to violence and abuse. My daughter wants her stepfather to adopt her and my husband is desperate to adopt her. What is the legal age in the uk for my daughter to be adopted without her biological fathers consent as she knows he would say no just for the hell of it and start hounding us again if any contact was made. There was a court order in place for 3 years where he was not allowed access to her and when that expired he never bothered trying to see her again, (which we would never have allowed anyway, and would have went back to court). Am I right in thinking she would need to be 16 or 18 (UK) by law?

jelly1bean · Oct 31, 2010, 04:19 AM

Sorry, not really sure. I would suggest going to a lawyer to be sure. If the bio dad is on the birth certificate then there is a "known" father. Sounds like he is because you said something about going to court about him seeing her. You said something about violence and abuse, maybe there is a way that the bio dads rights taken away due to that. Sorry, best I can do... except I did find a web site that might help: http://www.ukdp.co.uk/ by that it sounds like a no if he is listed on the birth certificate and you were married to him.

ScottGem · Oct 31, 2010, 05:40 AM

I believe UK law is similar to the US in this. Your daughter can apply for an adult adoption when she reaches 18 or just apply for a legal name change (which is different). Until that time the bio father would have to agree to the adoption or have his parental rights involuntarily terminated.

The good news is that, because of the abuse and the previous court order, you may find the courts willing to approve the adoption over his objections.

Also, is there a child support order in place? If not, why? Many times, a bio parent will approve a step parent adoption because it ends a support obligation.

But the bottom line here is you need to consult a solicitor, one specializing in Family Law. They can advise you what your chances are of getting the adoption approved even if objects.

P.S. Since this is a legal issue its been moved from the Adoption forum. Please choose the forum to post in more carefully in the future.