adoption

[montydon]

My husband has a daughter 13yrs old who he pays maintenance to every month. The childs mother married 8 yrs ago and the daughter now has his name. We suspect her husband has adopted the child. Can anyone tell me how we can find out or whether he could do that without her natural fathers consent?

[PinkFizz]

I didnt think it was possible to adopt without getting the other parents permission. Not legally anyway.

[CheekyChops]

No -as PinkFizz says, it is not possible to adopt a child without the consent of both natural parents. Especially as the other parent is still living, paying maintenance on a regular basis and therefore not exactly hard to trace.

[Ethel]

This should set your mind at rest - it's from Bournemouth Council but is applicable nationwide:

http://www.bournemouth.gov.uk/Residents/Social _Services/Childrens_Services/Adoption/Adopting _StepChildren.asp

It is not unusual for a child in this situation to be known by the name of her mother's new husband, though hurtful for Dad.

[montydon]

Cheers for that.
The maintenance agreement was not official, through the CSA or court, it was mutually agreed. It's also possible that her fathers name is not on the birth certificate.
All contact was severed with the child at her request some 7 years ago. It may be possible that her mother has denied any whereabouts of the father. Could it possible that the adoption would go ahead under these circumstances or would the courts try to find the natural father before consenting? If so is there any way we can find out?

[Ethel]

If he was never married to the mother, he would have had to be at the registration of the birth for his name to be put on the birth certificate.

Assuming your husband knows where the child is living, I suggest he contacts the local council's adoption department for advice.

If he was not married to the mother and there was no formal agreement, then he has no parental rights whatsoever and the child could be adopted without his consent. It is different for children born after December 2003.

[montydon]

Ethel thanks very much.
Bearing in mind the circumstances, how likely is it that the council would give him any information? Do you know of any websites or other information sources that may be able to help?

[Ethel]

I think it is going to be hugely difficult to get this information - I can think of nothing on line that will help.

Phone the council first, they will have come across this before and may be able to advise.

Going through the court may be the only way, because of the confidentiality issues, as you realise.

What would happen if your husband stopped paying?