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Thread ID: 38664	2003-10-14 11:57:00	OT: Adoption and the Legal Side of it...	csinclair83 (200)	Press F1

Post ID	Timestamp	Content	User
183222	2003-10-14 11:57:00	Hey.. I know theres been a few OTs here lately but i wanted some ideas/help on this one from ppl here...hope you guys can help... If a parent got divorced, and father moved away...and the mother remarried, and the new husband applied for legal adoption of the children, and was approved...and now they split up.... and the child wants to reverse the adoption and have the biological father as the true only father of this child, but keep the surname from the stepfather? Can that be at all done? Or is the biological father the true legal father no matter what?.... Chris	csinclair83 (200)
183223	2003-10-14 18:45:00	You can do whatever you want. Name can be whatever you prefer. It's nice when they adopt the stepchild, but a shame when that turns to custard. Depends though, know someone in that situation where was largely brought up by step-dad and separation happened after they left home and they guy still feels like his Dad and he doesn't want to change anything. Kid in soccer team I coach has changed his surname three times in five seasons. From real Dad, to Mums maiden name to step-Dad. robo.	robo (205)
183224	2003-10-14 21:01:00	Chris If you don't want to mess with lawyers to get the full legal position try your local Citizens Advice Bureau - they usually have a free/very cheap legal advice service that answers questions like this. Jay	j.harper (2905)
183225	2003-10-15 00:06:00	Do you have to pay to get all that adoption thing sorted (as you know I know nothing about adoptions.) If you did I don't suppose you couldn't just ask for your money back and have it fixed? Won't be covered by the Consumer Guarantee Act or Fair Trading Act, didn't last the intended use? I have to say the Biological Father is the true legal father, but for some reason he gave up his child, did he fight, if it went to court must be a reason why he lost? I don't understand that, I don't understand why someone else would adopt someone so that their lastname is same as the stepdad. If only kids were old enough to make up their own minds, a bit annoyed with how parents are in thinking they know what is best. If I ended up in that situation, I would still prefer my biological dad's lastname and wouldn't want my name changed.	Kame (312)
183226	2003-10-15 00:15:00	Chris - you can mess with me. Community Law Centres are helpful too. I've never heard of an adoption reversal. However if everyone agreed I think the Family Court might allow a further adoption by the biological father. Otherwise it may be possible to have the Adoption Order set aside but that is probably a matter for the High Court. I am not sure it is even possible without evidence of duress or fraud. The short answer is that the adoptive father remains the father of the child on all records and in terms of the law. His name has to be removed and the biological father substituted to achieve what you ask. So far as name is concerned - this is much easier. A person of 18yrs or over can change their name by Deed Poll. A form can be obtained from the Registrar of Births. Under that age any surname you like can be used provided there is no fraud but the parents/guardians can veto that and insist on an official surname. None of the name changes affect the Birth Certificate - so far as I know that can only be changed by the Court - usually by adoption. Hope this helps Winston	Winston001 (3612)
183227	2003-10-15 00:53:00	The situation is that the biological father thought it would be a good decision just to say yes to it the adoption (i was only 5 or 6)...but has always regretted it...but since i;m 20...i get to choose watever... and if i got to choose i just want my biological father to be my father by law, but i dont want to change my name at all...not even surname or anything... and i dont want this to turn into a one big mess u know...wouldnt be fair on family or anyone else thats why i here asking for advice....	csinclair83 (200)
183228	2003-10-15 01:34:00	Thats cool Chris. Many fathers and mothers agree to adoption by the new partner of the other parent. Often with misgivings but thinking they are doing the right thing for the child. The current legal thinking is that such adoptions should be discouraged as they can cut a child off from a birthparent. Your concern is a good example of why step-parent adoption is not necessarily a good thing. Mind you in some cases it is the very best thing for the child. Anyway "No" is the cheap and simple answer. Nevertheless a Birth Certificate is only a piece of paper. Your true Dad is still the same man whatever a bunch of rules may say.	Winston001 (3612)
183229	2003-10-15 01:41:00	but what does it take to have the true biological father recorded on the birth certicifitate? if you rather we talked about this via email or msn, then email me on the addy in profile :) And personally adoption is good coz it assures the child to actually have parents thru childhood,...but there should be clauses like, they get to have contact with their true biological parents, and stuff like that...coz i know some adoptive parents would rather they not have ne contact at all coz when they got to a age they would understand then they mite want to change things..etc...	csinclair83 (200)
183230	2003-10-15 03:50:00	Dude Biological father is never removed from birth certificate, even in adoption, I don't think. Might be wrong but certainly wouldn't be changed at age five. We are talking impact on genealogy research and all sorts. Reality is that adopted father has no real rights or obligations with someone age 20. They can't be sued for something the child did or withold permission to marry or join the armed forces. I am not sure any action is actually required. robo.	robo (205)
183231	2003-10-15 05:51:00	Chris- I am happy to communicate by e-mail if you like. However adoption affects many people and it might help for everyone to discuss in open forum. It is a sensitive subject. Anyway Rob has raised a point that I need to check. Back tomorrow.	Winston001 (3612)
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