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JGM, Solicitor
Category: Law
Satisfied Customers: 10093
Experience:  30 years as a practising solicitor.
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The father of my daughters child abondoned them both on the

Customer Question

The father of my daughters child abondoned them both on the day he was born. 5 years have passed and, although maintenance has been paid, no visitation has ever been undertaken. My daughter is now getting married and wants her son adopted by her new partner, however the birth father is refusing to agree, and is alos now placing extra pressure on visiting what can be done to

a. force adoption
b. prevent access

After 5 years of no visiting is it reasnoble he still has the right to up-set the child, the mother and her stable relationship?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Does the father have parental rights? In other words is he named on the birth certificate?

This will affect my answer which I will give you later today after you have answered me. Note that I am out and about today but will come back to you as soon as I can.
Customer: replied 3 years ago.

Yes he is on the birth certificate, however he insisted on not giving his family name to the child.


Please consider the time delay of 5 years from birth to now. Is this deemed as being unreasnoble and therefore negates any rights? As it is believed any contact with the child would now be detremental to his needs. This seems to be all about the selfish, guilt ridden needs of a distant father.


Expert:  JGM replied 3 years ago.
The time delay and the fact that he has made little effort to see the child are relevant considerations.

The court has the power under the Adoption and Children (Scotland) Act 2007 to dispense with the father's consent if the court is satisfied that he is likely to continue being unable or unwilling to exercise his parental responsibilities. You can read the Act online. In particular pay attention to section 31.

The court may require to hear evidence so it would be wrong of me to speculate on the outcome. However, from what you say it would appear just that your daughter should be able to move on with her life with her new husband and her child in a stable family environment.

Unless the natural father demonstrates a u turn in his attitude it is unlikely that the adoption petition would be refused.
JGM, Solicitor
Category: Law
Satisfied Customers: 10093
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Until the adoption issued is resolved what visitation rights does he have?

Expert:  JGM replied 3 years ago.
He has none unless he applies to the court for a contact order. Again is it in the best interests of a child to have contact with a stranger as opposed to his mother and a stable partner he presumably treats as his father?

I would say not.

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