CAN MY CHILD BE ADOPTED WITHOUT MY EX'S CONSENT?

#Legallyhers

Prisca found a new man who loves her, she loves him and they got married last year. They have been leaving with her son who she had with Paulo. Paulo was what people call “dead-beat dad”- not present, abandoned them when she announced her pregnancy etc. Now new hubby wants to adopt her son, by law she needs consent from Paulo but he has refused to give the consent saying he wants them both to suffer forever. She doesn’t know what to do.

Adoption is a legal process where court permanently transfers parental rights over a child to another person who is not the biological mother or father.

Before the adoption process is completed, the mother and father, or a guardian, if the parents are deceased, is required to give consent to adoption of a child. Because of the permanent nature and the serious consequences of adoption, consent of a parent is necessary for a child to be adopted by another while their parent is alive.

Prisca has the option of applying to court for maintenance orders to ensure the father of the child plays his part in contributing to the needs of the child. She may also request him to take on child visits and such. If all this fails and the father is intent on not participating in the raising of the child despite all attempts, she may indeed seek consent from him for the child to be adopted by her new partner.

There are situations where because of the fighting going on between the mother and father of the child, consent may not easily come from the other party regarding anything to do with the child.

In this case, especially if all has failed, one may opt to bring this to the attention of court seeking their involvement in this matter. Since at the end of the day, every decison is made for the best interest of the child. Prisca would then show why it is important or necessary for her child to be adopted and the parental rights to be taken away from the father and handed to her partner, the applicant.

It would then be up to the court, with the assistance of a probation and social welfare officer, to determine whether granting an adoption order is in the best interest of the child in the circumstances.

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