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Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32986
Experience:  Award winning lawyer with over 15 years experience
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My husband of 12 years would like to adopt my 15 year old daughter

Customer Question

My husband of 12 years would like to adopt my 15 year old daughter from my first marriage. my previous husband has very little contact, does not pay any maintenance, however more importantly this decision is driven by my daughter who wants to be officially adopted. I cannot see my previous h
isband given any consent
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else the Family Lawyer should be aware of?
Customer: No, I just wondered whether it was possible without my previous husband's consent or would it be easier to wait until she was 16 or even 18. She already has her named changed to my husband's surname.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. Can you tell me what state the child resides in?
Expert:  ScottyMacEsq replied 1 year ago.
Apologies, I see now that this is a UK law question. I will opt out and change the category so that it will go to the appropriate expert.
Customer: replied 1 year ago.
we are in the UK
Customer: replied 1 year ago.
OK
Expert:  Stuart J replied 1 year ago.
Good afternoon. Thank you for your question. I amin the UK and it’s my pleasure to assist you with this. When did your husband last see your daughter? Have you actually approached him about this? The court will not normally order an adoptionagainst a birth parents wishes unless the child is at risk if not adopted orthe birth parent is incapable of giving consent such as, for example, they havea mental disability. However there are provisions in the Adoption Act1976 consent can be dispensed with if he unreasonably withholds consent or haspersistently failed without reasonable excuse to discharge his parentalresponsibilities for the child or has abandoned neglected ill treated thechild. However, it would still need evidence of that andit will require a court application. Whether he is bothered about defending theapplication would really depend on how awkward he wanted to be. Does that answer the question? Can I answer anyspecific points arising from this? Please do not forget to rate the answer servicepositively so that I get credit for my time today. You may get the impressionthat the thread closes after rating, but it does not, it remains open and wecan still exchange emails if you wish. Kind regards
Expert:  Stuart J replied 1 year ago.
The court will not normally order an adoptionagainst a birth parents wishes unless the child is at risk if not adopted orthe birth parent is incapable of giving consent such as, for example, they havea mental disability. However there are provisions in the Adoption Act1976 consent can be dispensed with if he unreasonably withholds consent or haspersistently failed without reasonable excuse to discharge his parentalresponsibilities for the child or has abandoned neglected ill treated thechild. However, it would still need evidence of that andit will require a court application. Whether he is bothered about defending theapplication would really depend on how awkward he wanted to be. Does that answer the question? Can I answer anyspecific points arising from this? Please do not forget to rate the answer servicepositively so that I get credit for my time today. You may get the impressionthat the thread closes after rating, but it does not, it remains open and wecan still exchange emails if you wish. Kind regards
Customer: replied 1 year ago.
Can my daughter apply herself when she is 16 or 18? ( she is applying for a new passport in my husband's name when she is 16 and already has his name which we changed by deed pole in 2007. If she apples then will it still need my former husbands consent?
Expert:  Thomas Judge replied 1 year ago.
My colleagues advice is correct, but there is an excellent book which explains the process which may be of assistance - https://www.amazon.co.uk/Represent-Yourself-Family-Court-understanding/dp/147211910X?ie=UTF8&*Version*=1&*entries*=0