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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34120
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been separated from my husband years and now

Customer Question

I have been separated from my husband for 19 years and now have a 17 year old birth son, a 3 year old adopted son and I am due to go to panel to be approved to adopt for a second time in a couple of weeks. My social workers manager has raised the following question:
Would my husband have Parental Responsibility for my children ?
Please help
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will do my best to help you but I need some further information first. Is there any reason you think he may not?
Customer: replied 1 year ago.
He is not the father to my birth son or adopted son ?
Customer: replied 1 year ago.
Do you need more information ??
Expert:  Clare replied 1 year ago.
HI
My apologies for the delay
For clarity I am assuming that he is not named on any of the birth certificates
Dealing first with your biological child your husband does not have Parental Responsibility as he is not currently name don the Birth Certificate. However there is a presumption that the birth child of a married woman is also the child of the husband so your husband could in fact re-register the birth as the father and gain Parental Responsibility that way if he was so inclined. It woudl of course become irrelevant after the child's 18th birthday which is imminent in any event
The position with regard to the adopted children is different as they became yours via a legal process and if your husband was not involved in that process then he is not eligible to be on the adoption certificate and cannot have Parental Responsibility
I hope that this is of assistance - please ask if you need further details
Clare

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