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For more on marking an answer as the "Best Answer", please visit our FAQ.If you were married at the time of your sons birth then he will have parental rights (unless he signed them away).
If you weren't married but he is on the birth certificate then it is 'polite' (for want of a better word) to consult him, as far as the social services are concerned anyway.They do like to keep familys together. Although they may not be against your new husband adopting your son ,they do like to operate a system where extended family etc can keep in touch through them (birthday & xmas cards etc). It would be left up to your ex whether he sent anything and up to you if your son received it. Anything sent by the 'biological' family will be photocopied and kept on record for when the child is 18.
I think you should contact your local social services office for information. They will conduct a few interviews with you all and are big players in the adoption process.
Incidently, if your son had been born after December 2003,you weren't married to his Dad but his name was on the birth certificate then he WOULD receive parental rights immediately. Pre that date only married fathers had them.
HTH, check it out with your local SS office.
i am in the same position as you,my husband wants to adopt my daughter,her fathers name wasnt on her birth certificate,which makes things a lot easier,i changed her name by deed poll first,if you go onto their site it might give you a few helpful tips on what you need, www.deedpoll.org.uk
Good luck
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