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?Lolly? View Drop Down
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    Posted: 08 July 2010 at 2:56pm
Has anyone gone through this while the other parent was alive? My lawyer doesn't sound hopeful. She is going to look in to recent case law but I'm looking for a more personal point of view.
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kim_blee View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kim_blee Quote  Post ReplyReply Direct Link To This Post Posted: 08 July 2010 at 3:01pm
I was adopted by my step father. Is that what you are looking at? Or from a parents perspective?
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?Lolly? View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ?Lolly? Quote  Post ReplyReply Direct Link To This Post Posted: 08 July 2010 at 3:04pm
Both actually. How did you feel about it? DS's dad is alive but hasn't seen him since he was 4months old.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Babe Quote  Post ReplyReply Direct Link To This Post Posted: 08 July 2010 at 3:22pm
Oh interesting Emiloly I was wondering the same thing from the perspective of a parent whos gone through it. We'll have the okay from Jakes bio dad but have heard even then that the courts aren't keen on step-parent adoptions! Anyone got any experience?

From a childs POV I was adopted by my dad and didn't meet my bio dad til I was 17. I love both my dads and while I have issues with other aspects of the situation I totally don't have any problems with the fact that I was adopted by dad #1. Hes never differentiated between me and my siblings (his full kids) and thats probably influenced things.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kim_blee Quote  Post ReplyReply Direct Link To This Post Posted: 08 July 2010 at 3:28pm
Well, for me it was probably the best thing to happen to me. I got a father that wanted me so much that he was choosing to adopt me (and my sister). I went from having a father who was completely disinterested in us (and still is) to one who was choosing to be with us. You have no idea what that does for a persons self esteem.

Course, it wasn't all easy as we had to adjust to new rules after years of only us and mum. But it was all worth it.

If your ex is willing to relinquish his rights, then yay for your family unit. There could be rejection issues down the track, as no matter how little involvement there is, we always hold out a bit of hope that the birth parent might show up one day, with open arms, blah, blah, ... (and picture fades). And it is also different for boys. Don't underestimate the desire for the father son relationship. Then again all kids are different.

At the end of the day it was very successful for us. I really hope you can go forward with this. Worse case senario, you could look at changing the name by deed poll. Coz thats also imporatant - to have the same name as the rest of your family!!!
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jaz View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jaz Quote  Post ReplyReply Direct Link To This Post Posted: 08 July 2010 at 5:57pm
I have a friend who did it successfully many many years ago but the laws have changed so not sure of the relevance. She had to make all reasonable attempts to contact the biological father who had no contact since about the time of the birth and had to go through the process of having visits by a social worker etc to check her suitability to adopt, even though she was the mother.

Another friend tried to do this but the father wouldn't waive his rights and started having access once it all came to light. Her new husband ended up being a guardian, which achieved the same results they were looking for.
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?Lolly? View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ?Lolly? Quote  Post ReplyReply Direct Link To This Post Posted: 08 July 2010 at 7:02pm
We are filing for DP to become his guardian but we would also like for him to be able to adopt him. But if we can't we will change his surname by deed pol.
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ange221 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ange221 Quote  Post ReplyReply Direct Link To This Post Posted: 09 July 2010 at 10:54am
Do you need the bio father to agree for the step-parent to become guardian?
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?Lolly? View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ?Lolly? Quote  Post ReplyReply Direct Link To This Post Posted: 09 July 2010 at 1:08pm
yes I think so. I'm hoping he will, but he is a little unpredictable so who knows.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Delli Quote  Post ReplyReply Direct Link To This Post Posted: 09 July 2010 at 9:43pm
My dad adopted my older sister when she was around 4-5 at the same time as he and mum got married. She still has contact with her biological father and his family however dad is always and has always been her "Dad". She had her surname changed, but it was changed from my mothers maiden name to our dads surname. I was born when she was about 5 - it was a real shock to me one day when one of my sisters friends was talking about the fact that we had different dads and said "so, you are half-sisters then?". It had never occurred to me and I was around 17 at the time! We both kinda shook our heads and went "Nooooo......." Sorry, a bit off track there but I suppose the whole point of it was that we never felt like half-sisters even though her biological father was never kept a secret from us. Dad is always "Dad" and she is always my full sister. I think her having the same last name as us did help (although she has since married and changed it). Good luck with sorting it out! Really hope it works out for you. Can't help you on the law side of things as that was around 24 years ago.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote shellgirl Quote  Post ReplyReply Direct Link To This Post Posted: 09 July 2010 at 10:13pm
The adoption laws haven't changed since the 60's, and the most common type of adoptions now are step-parent adoptions. The hardest part will be getting the biological father's consent, but you can apply to dispense with that and the Judge will decide depending on the involvement he has had in the child's life. One thing about the laws not having changed since the 60's though is that you need to be married to the stepdad to make an application (not sure if that applies to you or not). There is a recent case where a Judge decided that long term de facto could be considered the same as marriage - I think that couple had been together 10 years.

With guardianship again, it is easier if you can get natural fathers consent, however you can make an application without consent and if he opposes it, then the Judge will again look at the role he plays and the role your DP plays when making a decision. For guardianship, you don't need to be married.

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?Lolly? View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ?Lolly? Quote  Post ReplyReply Direct Link To This Post Posted: 09 July 2010 at 10:30pm
Thanks for your input guys :) I like how you felt about your sister Delli. I don't really think of the trouble mosters as being Ethan's half sisters, however I do think of is bio dad's other kids as his half siblings. I'd really like the kids to all have the same surname for this fact.

Shellgirl, how do you know so much about the adoption law? I just told DP that we will need to get married haha and he looked at me and laughed. He said a few months ago that he would 'get married for the sake of the children' other than that he doesn't really see much point in us doing it as we are already in a committed relationship.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote julz85 Quote  Post ReplyReply Direct Link To This Post Posted: 09 July 2010 at 11:21pm
My sister and i have different fathers , my mother was married to both men ( at seperate times of course lol) when she split with my sisters dad and met my father and married him my father legaly adopted my sister . it was a long process tho ( altho a bit different as they had been married) in the end my sisters father signed a document saying he waved all legal rights and let my father adopt my Sister , the catch : my sisters father would not have o pay any child support . a few years later my mum anf father divorced but my dad always boght my sister presents and she always came to family functios etc .
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?Lolly? View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ?Lolly? Quote  Post ReplyReply Direct Link To This Post Posted: 10 July 2010 at 12:20am
We are hoping that the bait of him not having to pay child support might swing it in our favour.

It's a bit of a long and drawn out story. He was absive to me, I have a protection order blah blah blah. He WAS trying to get contact, but when it got a bit to hard (I filed for paternity order to get him to pay child support since he is not on DS's Birth cert) he vanishes in to thin air. His lawyer is filing to remove herself as his council as he hasn't replied to her contact at all in the last three months. This guy has give kids to four different woman (that we know of) And only has contact with the baby he has just had. He isn't aloud to see the oldest two (she also has a protection order against him) And he doesn't admit that the third one is his at all, even though if you see photos of her and DS together you can see they are so much alike.

Like I said, it's complicated. Not he will respond to any requests made by us. He certainly didn't respond AT ALL to our guardianship proceedings. I know that courts tend to not want to sever the 'bond' between bio parent and child, but we aren't looking to to replace his bio family, just make his position as DP's Son more secure.
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?Lolly? View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ?Lolly? Quote  Post ReplyReply Direct Link To This Post Posted: 10 July 2010 at 12:21am
p.s Thanks for sharing your stories guys
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Post Options Post Options   Thanks (0) Thanks(0)   Quote shellgirl Quote  Post ReplyReply Direct Link To This Post Posted: 10 July 2010 at 7:35am
I work in the Family Court area Emiloly, so that's how I have learnt about this stuff .

If he's not responding to the guardianship proceedings then I would say there is a good chance of your DP being appointed a guardian. Especially as he's been involved in Ethan's care for a while.

Good luck for getting this sorted as soon as you can.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote shellgirl Quote  Post ReplyReply Direct Link To This Post Posted: 10 July 2010 at 7:40am
Also for guardianship, just because your DP gets appointed one, doesn't automatically mean that the bio father isn't one anymore (if he is? - and if he is, it doesn't sound like he is a very good one!). So it's not such a big thing as adoption (in the eyes of the law) because adoption cuts all legal relationship ties with the other parent. That's why the adoption stuff is seen as much more of a big thing.

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