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FAQs

Can my new spouse adopt my child?

This is possible although there are a number of considerations that need to be overcome initially. The Court will look at what is known as the welfare checklist. As part of that checklist, the Court will look at what is in the best interests of the child as their paramount consideration. The Court will also want to understand why a child’s needs could not be met by a lesser order such as a step-parent parental responsibility or a residence order.
In addition, consideration will need to be given as to whether the child’s other natural parent needs to give their consent or be involved in the legal proceedings. Adoption is a very specialist area of law and it is recommended that advice is taken early.

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