Looking for some advice on what is the art of the possible, potential issues and best way to approach this. Married to my wife who has two children. Birth certificates of child one has father listed but was not married and he died several years ago. Birth certificate of child two has father not listed. In process of applying for settlement visa for all three but current plan is do step child adoption. Long term aspiration is to acquire tri-national status for children (I'm British and Irish) and wife and children are Filipino. I'm resident in uk and can't spend months in Philippines and want to move everyone to uk as soon as possible so think I'm limited on Philippines adoption options but would still like to know art of possible. Would also like to know options when everyone is in uk as wife and children will be on initial spouse visa when they return (here currently on temporary visas). Can we do stepchild adoption as Hague compliant adoption in uk. If adoption in uk what do we need to get recognised in Philippines and get new Philippines passports with new children's surname ?
You will find yourat the back of the queue in the UK once they find its not a British child you want to adopt ring your local County Council child services department and enquire
I've heard that it's easier to adopt in Philippines , but I have no experience to confirm whether that's the case or not . Do you have any knowledge or experience that you can pass on Keith re adoption in UK ?
Personally I would do one thing at once. You could go for spoise visa and child dependants 3 applications 3 fees! Father of one child deceased....they will want to see death certificate. Other child father unknown. Once yoir all in the UK it doesn't matter how long processes take your all settled together.
questions about "step father" is it a legal term ? can a man be a step father to a child if the biological father is known ( on the birth certificate )--and still alive ?
That may be true if both parties are Filipino and of a similar age but it is almost impossible for a foreigner to adopt - unless he's prepared to pay a lot of tea-money.
As i understand it you can be a step-father etc but you cannot be a legal guardian unless you adopt, if you adopt then the missing parent gives up his parental rights or may have them removed by law if they are bad news
In our situation the biological father is dead and have the death certificate. As we are all in the UK at the moment we decided to put a parental responsibility agreement in place which requires witnessing at the family court of all persons with parental responsibility. Did that with all the birth certificates and .the death certificate and then followed instructions to send to the family court in London. After that got request from then for copies of all the certificates so actually went there on same trip to register the marriage at Philippines embassy and got everything cleared on that. We now have the parental responsibility agreement stamped off by family court hich will be going in the application for each child along with an explanation of what had to be done to satisfy family court which I'm hoping will deal with some of the problems that Ive picked up on in the forum. My thinking is that with something authorised by a UK court it is hard to argue against and we are in the position now that in UK law the parties with parental responsibility are now my wife and I. Parental responsibility agreement we have is specifically for step parent and provides for signature by both of the original parents and recognition that one may have died. Historically had to adopt to get responsibility as step parent but there was I believe a change in law.
Parental responsibility is a good way to go if one parent is deceased or both biological parents agree that way forward However unless you adopt you are not classed as the legel parent, unless its changed since early this year. See link childlawadvice.org.uk/information-pages/adoption/childlawadvice.org.uk/information-pages/adoption/
I think it is do able in the Philippines if you have time and possibly may have to be resident but that applies to step children where there are caveats in the Philippines law to cover. If adopting non step children then a lot more difficult and have to be resident and in control of them for three years as a couple and there are specific requirements to be met which can be waived for step child adoption. I'm going to look into it in the next week or two as I can see some advantages to sorting the Philippines side legally. Think we will look at UK adoption once visas are sorted but always good to have backup plans.
You are right on that. As long as together as a couple have similar responsibilities and a vote/can make decisions in biological parents absense. I was keen to go down that route as it helped with a few other things and now I think it helps a lot with the visa application. That said will have to see how it goes but do intent to push the point that we do have a UK family court parental responsibility agreement which details who has parental responsibility - ie the wife and I and no one else listed there. Also the agreement states other parent is deceased and this has been endorsed and accepted by UK family court process.
So @bigmac there you have it, parental responsibility is a good way to go if every one agrees and its all signed off. Step? You can have. But to be the recognised legel parent of a non biological child you must adopt according to the country's laws.
There are other considerations if there is no father on the Birth Certificate then in the case of a death legal responcibilty will be a step towards adoption and cover a dificult period
Only issue is that with parental responsibility agreement is that according to the forms has to be witnessed at family court so should have all parties with parental responsibility signing at the family court and then witnessed there by the clerks which depending on where the father is that may be a problem.
I enquired in UK about adopting my stepson as his natural father had died, and they thought it was just an excuse to help my wife stay in UK with her visa,I told them it had nothing to do with that as I understand the visa process,and they asked why I not just change his name on deedpoll,to be honest I not think they had a clue what to do as in my area they have a troubled social services.
Its not just in your area , my ex county council is reducing child services to statutory only and they still may go bust . " 'Lost for words': Somerset cuts £28m of help for most vulnerable" https://www.theguardian.com/busines...somerset-cuts-28m-of-help-for-most-vulnerable
