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step-parent adoption

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  • 29-07-2011 3:01pm
    #1
    naydel
    Closed Accounts Posts: 2 ✭


    hi,
    i am looking to find out if anyone can help me with information on step-parent adoption. my husband and i have been to together for 11 years but we have only recently married. i would like for my husband to adopt my 12 year old daughter but i have no contact with her father and she only has sporadic contact through his family.
    i dont know if her father would agree to an adoption but because we were never married i am keen to find out if i need his consent at all.

    if anyone has any information for me it would be greatly appreciated.

    thanx

    Nay


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    #2
    January
    Closed Accounts Posts: 23,865 ✭✭✭✭January


    http://www.aai.gov.ie/index.php/domestic-adoption/step-parent-adoption.html

    This part is what you're looking for:
    Notification of the child's birth father

    If the birth father is a legally appointed guardian of the child, then his consent to the adoption must be obtained before the Adoption Authority of Ireland can make an Order in favour of the birth mother and her husband. If he is not a guardian of the child, the Authority is legally obliged to notify the birth father that an adoption application has been made in respect of their biological child. Since 1998, birth fathers have the right to be notified of the adoption of their child. The Adoption Act, 1998 requires the Authority to consult with the birth father about the adoption application. The birth father's consent is only required if he is a legal guardian of the child. If he is not a guardian, it is up to him to seek access and/or guardianship through the courts.

    In cases where there is ongoing contact between the child and the birth father and/or his family, adoption may not be the best option for the child as adoption can sever the connection between the child and his birth family. In such cases the parents could consider shared guardianship as a means of allowing the step father some legal parental rights and responsibilities in relation to the child.

    In cases where the birth father makes known his opposition to the application and the making of an adoption order for his biological child, the birth father would have to initiate Access and/or Guardianship proceedings in the Courts. When the Authority receives evidence to this effect, it will adjourn the application pending the outcome of the Court action.

    Should the Court decision be in favour of the birth father, the application may be adjourned by the Authority for a reasonable period of time where it will be open to the applicants to appeal the Court decision, and/or to see how access is progressing.

    Under the Adoption Act 2010, the right of the natural father to be notified is reinforced: if the natural mother is unwilling or unable to name the natural father, a statutory declaration will be sought from the High Court to allow the application to proceed. The Authority may, in rare instances, decide to proceed without notification of the natural father, but will require substantial and compelling evidence as to why it should do so in order to make such a decision.


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    #3
    naydel
    Closed Accounts Posts: 2 ✭naydel


    thanx January for your quick response, it has been very helpful. we have already been through the courts and he was awarded access, but he does not have guardianship rights. i was always going to notify him personally but now i know that it is unlikely that he can block the adoption and i am feeling better prepared for contacting him

    Nay


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    #4
    January
    Closed Accounts Posts: 23,865 ✭✭✭✭January


    He can block the adoption easily by applying to the courts for guardianship...


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    #5
    James Jones
    Registered Users Posts: 534 ✭✭✭James Jones


    naydel wrote: »
    thanx January for your quick response, it has been very helpful. we have already been through the courts and he was awarded access, but he does not have guardianship rights. i was always going to notify him personally but now i know that it is unlikely that he can block the adoption and i am feeling better prepared for contacting him

    Nay

    I think you should read the quote by January again because it seems to me that the father can very likely block the adoption.
    In cases where there is ongoing contact between the child and the birth father and/or his family, adoption may not be the best option for the child as adoption can sever the connection between the child and his birth family
    and
    In cases where the birth father makes known his opposition to the application and the making of an adoption order for his biological child, the birth father would have to initiate Access and/or Guardianship proceedings in the Courts
    But as he has access already he doesn't actually NEED guardianship.


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