I have a 6 yr old daughter that my husband has raised as his own since she was 2 1/2 years old, she hasn't seen her father since she was 1, we don't know where he lives or even if he is still in england, my husband really wants to adopt her can he do this without my daughters biological fathers consent?

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Originally Posted by hippo1980

I have a 6 yr old daughter that my husband has raised as his own since she was 2 1/2 years old, she hasnt seen her father since she was 1, we dont know where he lives or even if he is still in england, my husband really wants to adopt her can he do this without my daughters biological fathers consent?

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No, he cannot.

I can not speak for England, here in the US if a proper search is made for the father and he can not be found, here in the US an adoption can take place.

Father Chuck is right - the law says:

4. The consent of a parent or guardian may not be necessary if: The parent or guardian cannot not be found or they are incapable of giving their agreement, e.g. because they are mentally ill.

The court is satisfied that the welfare of the child requires that consent be dispensed with. The welfare of the child outweighs the rights of the birth parents. However, the courts must still consider the impact on the child of ceasing to be a member of his/her birth family and the change in his/her relationship with the family that adoption would bring.

A court cannot make a placement order unless an effort has been made to notify the parents or guardians who have parental responsibility for the child that an application for a placement order is being made."

Doesn't specify how diligent the search must/should be.