British Passport via Adoption

[Mobidark]

I am living in the UK with my Thai wife and her Thai daughter – my step daughter. They both have 33 month (1st stage) residence visas.

I have decided to try and adopt my step-daughter, partly so that she can have a British passport.

I contacted the local social services adoption officer and she told me that I will have to wait 3 months before I can apply to the court for adoption. In the meantime, she has told me to obtain the written consent of the biological father, who is in Thailand.

The Thai father has indicated that he is happy to give consent, so I have been trying to find out what form of signed consent would be acceptable to the English court. (Translations, witnesses etc). I have an English form of consent which I obtained from the Government website.

I contacted an officer of the court and also a family adoption organisation and they both told me that I would need to contact a lawyer who specialises in international adoptions – i.e. adopting a child who is living in a foreign country. If I have to go through the foreign adoption process, this will involve adopting my step–daughter through the Thai courts which I don’t think is correct as she is resident in the UK and her mother has legal custody (in Thai law). Also, the UK does not recognise Thai adoptions so I would still have to adopt here in the end.

I could go to a lawyer who specialises in this but my funds are limited and I just want to find out if the social worker is correct, (i.e. just obtain the letter of consent), or the ones who say I have to go the international adoption route which would be time consuming, difficult and very expensive.

I would greatly appreciate advice from anyone who has any knowledge or experience of my situation, or can point me to where I can get advice. I can’t be the first person who adopted their step child who is a foreign citizen but who lives in the UK and whose father lives abroad.

Thank you

Mobi

[vinny]

Adopting a stepchild.

[Mobidark]

Thanks - I already have that link (and many others) but it does not answer my specific question, i.e. does the step parent adoption of a foreign child who is already resident in The UK have to go through the court of the child's nationality - in my case the Thai court. This is what some people have been telling me but I am not convinced it is correct. But after trawling through countless forums, legal/adoption advice websites etc. I cannot find anything about a case such as mine.

[vinny]

If the UK courts have Jurisdiction, then it may unnecessary to go to the Thai Courts.

See also N (Children), Re [2016] UKSC 15 (13 April 2016).

[Mobidark]

Thanks for the links - they were quite helpful. However I still cannot find any case that replicates my own - foreign step-daughter and foreign wife resident in the UK, biological father living abroad.

It's looking that I may have to pay for some legal advice - if I can find anyone who has the answers.