Adopted children

[Guest charlmillard]

Hello. Can anyone help. We would like to know if we still need permission to emigrate from my sons biological father even if my husband has adopted him? Thanks. Charl:huh:

[Guest Anouk]

My daughter has a step-father. We had to get a document from the family courts in London to show that her biological father had not applied for custody. This was used to demonstrate I had sole custody of my daughter. However, I had not been married to my daughter's biological father and she was born in 1998, preceding a change in legislation regarding custody. Not sure how this relates to your situation. I guess if your husband has adopted your child then you have joint parental custody. The issue for the Australian authorities, in so far as I can see, is that they need to be sure that the biological father has not made or does not have custody rights which could lead to a challenge in you removing your child from the UK.

[Guest charlmillard]

Ah thank you so much. My son was born in 1999. And I was. Ever married to him either. We are just about to begin the adoption process! Can I ask when you did this??

thanks again

[Guest charlmillard]

Also can I ask how you got those documents - did you use a solicitor? Thanks again

[snifter]

I think once a child is adopted then you don't need permission from the biological parent(s) as the adoptive parents are the ones to have parental responsibility. I recall reading on this forum or our sister site about a couple who fostered two children then adopted them and migrated to Aus afterwards once the adoption was complete and they had parental rights etc then.

 

Perhaps have a word with a migration agent about this to see how the land lies. If its quite clear cut, ie, once the adoption is formalised then its fine to proceed without any other permission needed, then you should be set

 

Good luck with it all.

[Guest charlmillard]

Without adoption was your paperwork enough?

[snifter]

If your son has not been adopted by your partner, then I'd think you would need his biological fathers permission to take him out of the country to live. Who has full parental responsibility? Do you share it or is it you?

 

I'd think if you have concerns you really should talk to a solicitor (and possibly a migration agent) and discuss your options. If your son's biological father is happy to sign the paperwork for your son to emigrate with you, then things should be ok. If he doesn't want him to go, then it gets tricky and legal bods and court process are really your only recourse.

 

I suggest you have a read over on our sister site, Poms In Oz as a number of families have been through both the straightforward and more complicated legal processes when one parent has not agreed to the child moving overseas. It might give you a starting point. It might also be a better place to ask your questions on as its a busier forum and sees far more people with similar sort of situations posting on it as it covers all of Aus, not just one state.

 

http://www.pomsinoz.com/forum/forum.php

[Guest charlmillard]

Thank you. I will x

[Bevev's]

Hello. Can anyone help. We would like to know if we still need permission to emigrate from my sons biological father even if my husband has adopted him? Thanks. Charl:huh:

 

No is the answer. When a child is adopted, the adoptive parents have full legal custody and birth parent for-goes any such responsibility and rights to the childs upbringing. Obviously this needs to have gone through the court and the adoption should be finalised. Also the childs legal parents (you and your husband) should have new birth/adoptive certificates with your names on it as parents.

[Guest charlmillard]

Thank you x

[Sallyh]

Does the biological father have parental responsibility? If he does, he may be able to object to the removal of his son from the country, or you may have to apply to take him out of the country. If he does not have parental responsibility, he would have to apply for that first in order to be able to object. What I am thinking is, that there may be 2 issues for you - one is whether Australia want permission from bio father for son to migrate- the answer to that is likely no, I would think. The other issue may be whether the biological father has recourse in the family courts to try to prevent you, or whether in the family law system whether you need permission to take the child out of the country. So it hinges on the parental responsibility I would think - you need to get advice from CAB / a family lawyer to work out what the situation is. I'm rusty on all of that but worked in family law for a bit. I know enough to know you would be wise to know what you are dealing with. Knowledge is power. If you know the score, then if ex partner tries to put you off or interfere, you will be equipped to deal with him emotionally and practically.

[alymacck]

My son has a stepfather but has not been adopted by him. When we were applying i had to see a solicitor to apply to take him out of England. His father did not have parental responsibility but was granted it and then he could try and stop me from doing it which he did but after he realised it was what we really wanted to do (my son too) he eventually agreed to me taking him and permission was granted. I tried to get parental responsibility for my husband for my son too (incase of an emergency) but was refused. If your son is to be adopted then you will need his fathers permission too i would think.

[Guest charlmillard]

Hi thanks for all of the info - we have spoken to our solicitor and the australian embassy today and i dont need the permission of the biological father as my husband is adopting my son!!

thanks

[Guest Anouk]

Hi Charl,

 

Sorry, I am a busy full-time teacher and don't log on here nearly half as much as I would like. Consequently, I have just seen your questions, but glad someone has been able to give you a more definitive answer.

I just know that as far as the UK authorities were concerned my daughter could emigrate, but SA authorities wanted evidence of biological father having not made application for custody (for a 176 visa).

 

Best of luck with the rest of the process.

 

Jo x