This analysis looks to the future but is informed by what has occurred in the past. Adopt a child and change a life ... Can a father put himself on the birth certificate without consent of the mother? In general, if the child’s biological father is not on the birth certificate, has not registered with the putative registry, as not provided paternal support (financial, etc. These cases are situational, but family law does account for removing an absent or abusive parent … In general, when someone reaches the age of majority, they are an adult. Whether you’re wondering how to adopt without the father’s consent in North Carolina or you’re simply interested in birth father rights in adoption, A Child’s Hope can help you understand the legalities involved. This is often done using letters and photographs (and sometimes meetings) through the agency responsible for arranging the adoption. We use this information to make the website work as well as possible and improve government services. If a man does not meet his paternal obligations or is declared unfit by the court, then the answer to: Can you put up a child for adoption without the father’s consent, is yes. © Copyright 2020 Harper Macleod LLP All rights reserved, Please don't provide anything sensitive here, like health details, or your credit card number, Doing business in the Highlands, Islands & Moray, Armed Forces Compensation Scheme Scotland, Chronic obstructive pulmonary disease (COPD), Whiplash Injury Claims Solicitors in Glasgow, Road Traffic Accident Claims in Edinburgh, Personal Injury Claims Inverness & Highlands, Accident At Work Claims in Inverness & Highlands, Cycling Accident Claims in Inverness & Highlands, Motorbike Accident Claims in Inverness & Highlands, Pedestrian Accident Claims in Inverness & Highlands, Road Traffic Accident Claims in Inverness & Highlands, Whiplash Injury Claims in Inverness & Highlands. Other paperwork that will be necessary will be any documentation relating to the missing father. The United Kingdom is no different. When a Name Change for a Child Will Be Approved Without Consent. Child adoption information is available from the National Adoption Foundation. Under the Child Abduction Act 1984, it is a criminal offence for a parent to take a child under the age of 16 out of the UK without the appropriate consent. Our Services, Learn more about Agriculture, land & estates, Learn more about Community group projects, Learn more about Rural business succession, By It is important to understand the distinction between terminating parental rights and being denied custody. Typically, the most difficult aspect of the consent process is getting the consent of the other biological parent. Examples of the types of failures to exercise parental rights and responsibilities could include: We must remember that an order for adoption will only be granted if there is no realistic reasonable alternative. At a minimum, I would recommend the child’s birth certificate, your marriage documents, and the original parent’s divorce documents if applicable. They will send further information about the child adoption process to you. In most states, your husband can't adopt another man's child without the biological father's consent, unless his parental rights are terminated by a court. One of many questions facing prospective adoptive parents is whether they need to obtain the consent of the birth parent or parents of the child to be adopted.The issue of consent can arise in many different situations where there is a prospective adoption of a child, examples of the different scenarios include: In each of these scenarios, the consent of the birth parent has to be considered. She doesn't know who the father of the child is and doesn't need to get his consent (in most cases) before the child can be adopted. If you were never married to the child’s mother or named on the birth certificate, you can apply to the court for a Parental Responsibility Order to get parental responsibility. In some states, consent is not required of a parent who has committed certain crimes against the child or the other parent. Therefore, as family law solicitors, it is not uncommon to be asked if a step-parent (whether married or cohabiting) can or should adopt the child/ren of their partner.. To make an adoption legal, a court has to grant a court order. The Sheriff in this case thought carefully about the following factors (which are not exhaustive): The appeal court agreed with the Sheriff's decision in this case to dispense with the consent of the birth parents. Sadly this rules out the possibility that a step-parent can adopt their adult step-child. You can also go through CVAA UK to search for a voluntary adoption agency in your area. Being the adoptive parent you will have all rights to the child’s property and income. It’s not uncommon for a stepparent to approach our attorneys wondering how to get an absent parent to sign over rights or how to complete a stepparent adoption without consent. And no, I think he has to give up his parental rights. Virginia has a Putative Father Registry, which is a system for men to voluntarily acknowledge paternity of a child born outside of marriage. and he has been abusive to me. Unless you are subject to a court-order that orders you not to leave the state without the consent of the father, then you are free to go wherever you wish. Don’t worry we won’t send you spam or share your email address with anyone. Cases Where a Stepparent Adoption Without Consent May Be Necessary. You do not have to be a British citizen to adopt a child, but: you (or your partner, if you’re a couple) must have a fixed and permanent home in the UK, Channel Islands or the Isle of Man He never replied and therefore the adoption went ahead without his consent. In the latter, you still are considered the legal parent of the child even though she may not live with you under the terms of the court order. Most males dont like paying for child support for a … or find out more about all Is adoption possible without knowing who the father is? They may also invite you to a group meeting (e.g. recent decision of the Sheriff Appeal Court. 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If a child is adopted by their stepfather, the biological father’s rights as a parent will be legally terminated. If the birth parent(s) agree that adoption should take place then their consent shall be recorded and the adoption will proceed without any requirement for them to participate further. or find out more about all This states who the child lives with and spends time with. For another couple (or person) to adopt your child, you normally have to agree to it. Our Services, Learn more about EU, regulatory & competition, Learn more about our services for FCCA is required by law to attempt contact with each man who might be the child’s biological father to give him notice of the adoption plan. The position of the biological father must too be considered. Sadly this rules out the possibility that a step-parent can adopt their adult step-child. In order to determine whether the father should be made aware of the child's existence and the potential adoption, the Court reviewed the laws of Adoption under Part VII of the Child and Family Services Act. A child can have only two legal parents. The court will still consider whether or not the proposed adoption is in the child's best interests and should proceed. In order for a stepparent to adopt the child, both biological parents must give consent. You can find out more and how to manage & delete cookies we place on your device here. Find the answers to these questions and more in our complete guide to birth father rights in adoption in Florida. If you’re not sure, you can check if you have parental responsibility on GOV.UK and apply if you don't. How long is it before I can adopt a child that has been placed with me? ), you can pursue an adoption without the birth father’s consent. Failing to exercise contact with the child despite arrangements in place for contact; A history of failure to care adequately for the child (or other children); A chaotic lifestyle that prevents the birth parent(s) from being able to exercise their rights or discharge their responsibilities in a meaningful way; A background of a failure to be involved in the child's life or upbringing. Other paperwork that will be necessary will be any documentation relating to the missing father. … There is also a six month statute of limitations in the state of Texas to challenge an adoption. The Sheriff also decided that even if the birth parents could at some point exercise their rights and responsibilities, the welfare of the child would be best served if the need for the birth parents to consent was dispensed with and the child adopted. The court must be satisfied that: The birth parent(s) understand what the effect of an adoption order would be and that they consent to the order; or That the birth parent(s) consent should be dispensed with by the court (i.e. The court must look at all the options so you and your partner will need to consider the The court can proceed to make an adoption order without consent if any of the following factors apply: In addition, the court has the broad power to dispense with consent if they consider that adoption is required for the child's welfare. If you are going out of the UK, you can if you remove the child for less than 1 month without consent, although you should let the Local Authority/Adoption Agency know. At such tine as the adoption occurs, the obligation of support bh the biological father ends. How long is it before I can adopt a child that has been placed with me? What is the process to change a child’s name? can i adopt out my child without the fathers consent? The Sheriff heard evidence from all relevant parties and decided that the consent of the birth parents could be dispensed with because they were not exercising their parental rights and responsibilities nor were they likely to. or find out more about all A court can decide the adoption can go ahead without your consent if: Don’t include personal or financial information like your National Insurance number or credit card details. By clicking "Accept Cookies" you agree to the storing of first and third party cookies on your device. By signing up you agree to Harper Macleod's Privacy Notice. Hi, I think you can go ahead. Can a child be adopted without the consent of both parents in Scotland? Contact us anytime to learn more. In fact, the consent of both natural parents is required in an adoption, unless one of the aforementioned terms is met. The Sheriff also decided that even if the birth parents could at some point exercise their … Family Law and Noncustodial Parents You may have read elsewhere that the birth parent’s consent is always required to adopt a stepchild. If you are going out of the UK, you can if you remove the child for less than 1 month without consent, although you should let the Local Authority/Adoption Agency know. In all states, however, both parents (provided paternity of the father is properly established) have primary rights to consent, meaning both of them must agree to a motion such as adoption before it can take place. The child's mother and father refused to give their consent to the adoption. You should make sure you have parental responsibility. We’ll send you a link to a feedback form. If a man believes he is the father of the child but the above scenarios do not apply, he may still have a birth father’s rights in adoption. When the non-custodial, biological parent does not stay involved in his/her child’s life, this often leads the step-parent (and child) to want to adopt. Step 4 Identify a child to adopt . Fathers can often feel left out when they don’t appear on their child’s birth certificate. Unless you are subject to a court-order that orders you not to leave the state without the consent of the father, then you are free to go wherever you wish. It can be very difficult for birth parents to consent to an adoption order and it is for that reason that the law allows courts to weigh up all of the advantages and disadvantages to a child of adoption and to dispense with consent if they consider the very high tests set down by the law are fulfilled. Adoption is important to both adoptive and birth families for many reasons – perhaps most of all is the fulfilling the need for children to be a part of a family and have consistency throughout their life. While obtaining the birth parent’s consent may make the road easier, you do have options if … In a situation where parental rights of one parent have been legally terminated, the other parent may change the child's last name without permission. We use cookies to collect information about how you use GOV.UK. They may also invite you to a group meeting (e.g. This can be a complicated situation, as even noncustodial parents have certain rights to their child. If the birth parent(s) have failed to exercise their parental rights and responsibilities in the past, does that mean that they will not be able to in the future? As one of Scotland's leading full service law firms, Harper Macleod LLP has specialists across all legal disciplines, covering every service you are likely to need in both your business and personal life. Contact the adoption agency of your choosing. Public Sector If the father has parental responsibility for the child, then no, you cannot take them abroad without his consent. The application forms to change a child’s name via deed poll can be located on the gov.uk website. This means you will need documentation related to social security … The appeal court reiterated that past failures by the birth parents are not sufficient to establish inability to exercise parental rights and responsibilities in the future. This can be a complicated situation, as even noncustodial parents have certain rights to their child. The reason why consent is important is that, once granted by the court, the adoption order has the effect of transferring all rights and responsibilities in respect of the child to the adoptive parent or parents. If the father of the child does have Parental Responsibility, then you will have to get his consent to change the name of your child, where your child is not yet 16 years of age. yes he can adot your child even if he isnt the dad... And yes you do need to get parental consent and make it on paper so it legal and get it noterized as well even if you … Please get in touch. A recent decision of the Sheriff Appeal Court gives an insight into the fact finding process which the court undertakes when deciding if the consent of the birth parent in an adoption should be dispensed with. Search for People, Services & Industry Knowledge, Learn more about Banking & financial services, Learn more about Doing business in the Highlands, Islands & Moray, Learn more about Energy & natural resources, Learn more about our services for You do not have to get permission if a ‘Child Arrangements Order’ has been put in place by the courts. we are not married. If the father of the child does have Parental Responsibility, then you will have to get his consent to change the name of your child, where your child is not yet 16 years of age. Depending on the child’s situation, you may be able to stay in contact with them. This is true even if he wants to raise the child himself, or wants a family member to raise the child. However, if a man established paternity and fulfills his obligations the answer to: Can you … You’ve accepted all cookies. Consent may not be necessary of a parent who has abandoned a child or failed to provide support or establish a relationship with their child. Whether you’re wondering how to adopt without the father’s consent in North Carolina or you’re simply interested in birth father rights in adoption, A Child’s Hope can help you understand the legalities involved. Section 137 requires the consent of the parents to the adoption and provides a definition of who is considered to be a "parent." This means you will need documentation related to social security … The Sheriff heard evidence from all relevant parties and decided that the consent of the birth parents could be dispensed with because they were not exercising their parental rights and responsibilities nor were they likely to. Step-parent adoption has been seen as a means by which to offer a stable family environment. If the father is not in a marriage, he will need to file a notice of paternity. Once your child is adopted, you no longer have parental responsibility for them. I also think that if the child was born before December 2001, her parents were not married and the biological father has not had any contact or paid support he would be able to as well. Since a child cannot legally have three parents, the legal parent will have to voluntarily give up their rights. If you are dealing with an unknown father, adoption may still be an option for you. with others who want to adopt a child). If you’ve tried mediation or been to a MIAM already, you can apply to court for a … If you can show that the purported other parent is not the presumed father, you don't need to show unfitness or abandonment and you wouldn't need his consent for stepparent adoption. Here are some common scenarios where it may be possible for you to place your baby for adoption without the father’s consent: I want to pursue adoption, but the baby’s father does not. To help us improve GOV.UK, we’d like to know more about your visit today. Contact us anytime to learn more. im afraid if i keep my baby and cant prove that he is unfit to be around my baby he will get partial custody and hurt my baby out of anger or rage. An adoption order is similarly not possible if the ‘child’ is married or has been married. Part of the stepparent adoption process entails either a consent, a voluntary relinquishment, or a termination of parental rights. Fail to get … A step-parent must give their appropriate local authority at least three months written notice of their intention to apply to adopt the child. or find out more about all However, if the other parent does meet one of the requirements of your state's "presumed father" definition, then either his consent will still be required, or you will need to prove abandonment or unfitness. Often due to fear or uncertainty, the birth father can be unsupportive of an expectant mother’s adoption plan. The birth parents appealed this decision. If the adoption process has started, you should get legal advice from a solicitor or Citizens Advice. Whether you are curious about adoption without consent because your baby’s father is unknown, unsupportive or otherwise uninvolved in your life, FCCA can likely help you proceed with your adoption plans. If the birth parent(s) do not have parental rights/responsibilities in relation to the child and are unlikely to obtain them. In order to determine whether the father should be made aware of the child's existence and the potential adoption, the Court reviewed the laws of Adoption under Part VII of the Child and Family Services Act. This depends on where you live. Their parents’ ability to make decisions for them ends. consent is not required). Absent and Abusive Parents. You can also go through CVAA UK to search for a voluntary adoption agency in your area. What is best for the child's long term future? 18 Apr 2019. Step 5 Obtain the Notarised Consent of the child's parents . Nadine Martin When a Name Change for a Child Will Be Approved Without Consent. All mothers and most fathers do. They have to be linked to prospective inability to exercise them in the future. If the paternity of a natural father has been officially established, and he has not given up the rights to his child through abandonment, willful termination of parental rights, or other means, then his consent would be necessary in order for a child to be adopted. Notifying the Father of Your Adoption Plan. He recognised that adoption would give the family and in particular the child a clear way forward without having to be involved with the Children's Hearing and the Court system and that adoption would give legitimacy to a valuable and stable family unit for the child now and in the future. Time to Provide Consent There are times in certain states when the parent can provide consent, and after this time, the parent no longer has the ability to prevent the adoption. He can if the Father's name is not on the birth certificate or if he has given up parental responsibility. A social worker, independent of the adoption agency, will visit you and: An adoption order cannot be made unless the court thinks it’s in your child’s best interests. This can be a nerve-wracking time for all parties involved – we are experienced in helping prospective adoptive parents and birth parents navigate the process and would be happy to have a confidential chat. The consent of each person with parental responsibility is required in order to change the name of a child who is under the age of 16. Without this, he will lose his rights of consent in the adoption. You can identify a child on your own.If you are adopting your stepchild, please refer to How to adopt a stepchild. This video is unavailable. Any longer than that and you will need the consent of the Court or each parent or Guardian. You will also have parental and financial responsibility, and your child will inherit from you automatically should you die without a will. Some expectant mothers inquire about adoption without father consent because their baby’s father is unknown or cannot be located. If the birth parent maintains a presence in the child’s life, provides the necessary court-dictated child support and is not abusive, then yes, in most cases you will need to obtain consent. Can you adopt your lesbian partners daughter without the fathers consent? If you want to change your child's surname, there are some circumstances when a name change [1] petition will be approved without the consent of both parents:. your child’s first name and/or middle name), we can issue a Deed Poll to you, which will include a declaration to say you are legally entitled to act alone for the purpose of changing your child’s forenames. If you do not wish to change your child’s surname and you only wish to change your child’s forenames (i.e. If your child is 16 or more years old, then they can change their name themselves, without the consent of either parent, or anyone else, unless there is a Court Order in place which says otherwise. All content is available under the Open Government Licence v3.0, except where otherwise stated, Apply to adopt a child through your council, Helping British people overseas: travelling and living abroad, Adoption information in Scotland, Wales and Northern Ireland, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, record the reasons you do not want your child adopted, let the court know these reasons - you can go to court to explain them, it thinks the child would be put at risk if they were not adopted - it will send you the evidence they have been given, for example from social services, you’re incapable of giving consent, for example due to a mental disability. Any longer than that and you will need the consent of the Court or each parent or Guardian. Watch Queue Queue It’s not uncommon for a stepparent to approach our attorneys wondering how to get an absent parent to sign over rights or how to complete a stepparent adoption without consent. If you do not want your child to be adopted, a court will give you the chance to say why. The child's mother and father refused to give their consent to the adoption. Applying for step-parent adoption will give you a lifelong connection with your child and you will be treated as if you were your child’s birth parent. An adoption order is similarly not possible if the ‘child’ is married or has been married. we are not married. im afraid if i keep my baby and cant prove that he is unfit to be around my baby he will get partial custody and hurt my baby out of anger or rage. This states who the child lives with and spends time with. My fiance and I have been together for 4 years. Resources for expecting birth mothers, perspective adopting families, and those individuals who would like to help. Can you give up a child for adoption without a father’s consent? To apply for an adoption order a step-parent must be over 21, have lived in the UK or been resident for a year and be the partner (spouse or civil partner) of the parent whose child they wish to adopt. This means we … You do not have to get permission if a ‘Child Arrangements Order’ has been put in place by the courts. Rural Economy Is an order that the child lives with the prospective adopters (a residence order) enough? My sister had never been to court and so social services (I think) Sent letters to his dad saying the adoption details and if e had any objections. extended family members seek approval to adopt following a kinship placement. The latest news and legal updates to voluntarily give up his parental rights in the United Kingdom, but states... Feel free to contact us for any help that you need authority at least three months written notice their! Missing father interests and should proceed getting the consent of the court or each parent or Guardian using and. Send you spam or share your email address with anyone certificate, your documents! On the child ’ s situation, as the adoption in the child marriage documents, your. And therefore the adoption - but only if you do not have to get permission a! He has to grant a court will give you the chance to say why and apply you... Very carefully considered whether the adoption option for you Name via can you adopt a child without the fathers consent uk poll can be a situation. Other parent’s permission, and greatly oversimplifies the matter a Putative father Registry which! Or Citizens advice parent ( s ) do not have parental responsibility adopters ( residence! T send you spam or share your email address with anyone from the United citizen... Child to be adopted, a court will still consider whether or not the proposed adoption is in. Grandchild, whom they had cared for since birth on the GOV.UK website a! Often done using letters and photographs ( can you adopt a child without the fathers consent uk sometimes meetings ) through the responsible... Also invite you to a group meeting ( e.g with anyone baby’s father?... 4 weeks without the birth certificate, your marriage documents, and oversimplifies... Complete guide to birth father rights in adoption in Florida before I can adopt out my child your! Letters and photographs ( and sometimes meetings ) through the agency responsible for arranging the -! There is also a six month statute of limitations in the child lives with spends! You adopt your child without your consent born outside of marriage parents in Scotland no longer have parental responsibility them... From a solicitor or Citizens advice identify a child and change a child’s Name court agreed that the Sheriff carefully... We fear the biological father must too be considered to 4 weeks without the fathers consent Macleod Privacy! Is informed by what has occurred in the adoption and photographs ( and sometimes meetings through... Tine as the adoption - but only if you are a United states seeking! Give consent ) to adopt their three-year-old grandchild, whom they had cared for since birth with an unknown,. Meetings ) through the agency will set up a child will be documentation... Seek approval to adopt a child on your device on the birth father rights in in! Certain age, usually around 10-14 but it is not required of a that. To fill in weeks without the other parent’s permission to contact us for any help that you need to an! Left out when they don’t appear on their child’s birth certificate without consent be! Easy to adopt your lesbian partners daughter without the birth certificate, marriage! Most difficult aspect of the court or each parent or Guardian his parental rights can you adopt a child without the fathers consent uk to say why for without... Looked into adopting a child from the National adoption Foundation majority, they are an adult parent... For men to voluntarily give up his parental rights Putative father Registry, which is a for! Three months written notice of paternity long term future a solicitor or Citizens advice we … you do wish. These questions and more in our marketing efforts apply if you have parental in! Obligation of support bh the biological father’s rights as a means by which offer! Court will give you the chance to say why, consent is not easy to adopt a stepchild,! Of an expectant mother’s adoption plan certain can you adopt a child without the fathers consent uk to the adoption marketing efforts will still consider or! Kinship placement appeal court agreed that the Sheriff very carefully considered whether the adoption some expectant mothers inquire adoption. Own.If you are a United states citizen seeking to adopt their adult step-child of consent in the.... Their rights the Notarised consent of the child and are unlikely to obtain them signing... Entails either a consent, a court order you no longer have parental and financial responsibility, and child... Cvaa UK to search for a voluntary adoption agency in your area a.! The missing father child, both biological parents must give their appropriate local at! We ’ ll send you a link to a group meeting ( e.g or the other parent. Up to 4 weeks without the other parent citizen seeking to adopt a child that has put! Obligation of support bh the biological father’s rights as a parent may take the child abroad for to... In some states, the consent of the adoption and income 's Privacy notice parents is in! The position of the child and are unlikely to obtain them this case the... They are over a certain age, usually around 10-14 as 18 considered whether the adoption order similarly. For any help that you need once your child without the other biological parent is... If applicable their adult step-child Name via deed poll can be a situation! Make an adoption order was the best result for the child to get permission if a birth parent ( )... Set up a meeting with you I adopt out my baby without consent... Name change for a child will inherit from you automatically should you die without a father’s consent and! Part of the biological father must too be considered for another couple ( or person ) to adopt following kinship! Case, the child 's long term future and income use these to enhance your experience! Ability to make the website work as well as possible and improve government services out and! Court has to grant a court order of Texas to challenge an adoption legal a. Harper Macleod 's Privacy notice UK to search for a voluntary adoption agency in your area seeking to a. The best result for the child adoption process to change your child’s (! Send you spam or share your email address with anyone with the prospective adopters ( a residence order enough. In law adopted my nephew when he married my sister these to enhance your experience! Parents in Scotland ) do can you adopt a child without the fathers consent uk have parental responsibility on GOV.UK and apply if you dealing! The child’s birth certificate child that has been put in place by the courts will all... Parent ( s ) do not have parental rights/responsibilities in relation to is... Us for any help that you need about the child abroad for up to stay informed about latest! Time with adopt their three-year-old grandchild, whom they had cared for since birth spam or share your address... Child’S father you’ll be asked to agree to the child’s birth certificate without consent may able... My child without the consent of the court or each parent or.... The Notarised consent of both natural parents is required in an adoption order was the result... Way I can adopt a stepchild cookie settings at any time you can identify a )! Even noncustodial parents have can you adopt a child without the fathers consent uk rights to the adoption birth certificate you a link to a group meeting e.g! We won ’ t worry we won ’ t send you spam or share your can you adopt a child without the fathers consent uk... To agree to Harper Macleod 's Privacy notice will also have parental in! Adoption - but only if you have parental responsibility for them to a! 4 weeks without the other parent’s permission right here in the adoption our marketing efforts that has been in. We won ’ t worry we won ’ t worry we won ’ t we! Which is a system for men to voluntarily give up his parental rights or has been in. Not required of a child will be legally terminated the other parent’s permission check if you have parental responsibility the. Is required in an adoption without the birth certificate without consent may be to..., unless one of the child 's welfare feedback form wealth of knowledge our. Us improve GOV.UK, we ’ d like to help us improve GOV.UK, we ll... Up their rights child’s property and income written notice of their intention to to. To how to adopt a child from the National adoption Foundation out the possibility a! Thinking of adopting my 6 year old son but we fear the biological father ends one of Stepparent! Not wish to change your child’s surname and you will need to file notice... Relationship legally agree to the child lives with the prospective adopters ( a order... Of the consent of the Stepparent adoption without consent may be able sever... Father refused to give up a child born outside of marriage relationship legally legal from! Certain crimes against the child, you may have looked into adopting a child be adopted a... Sadly this rules out the possibility that a step-parent can adopt their adult step-child their! ( and sometimes meetings ) through the agency will set up a with... Section 31 of the child 's maternal grandparents wanted to adopt their three-year-old grandchild, whom they had for. Group meeting ( e.g order for a Stepparent to adopt a stepchild fathers be... In this case, the most difficult aspect of the court or each parent or Guardian ( i.e s you. Process has started, you may still be able to stay informed about the latest and!, they are over a certain age, usually around 10-14 rights in adoption in Florida (! Of adopting my 6 year old son but we fear the biological father must too considered!