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Adopting An Adult Of 20Years Old

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LBird | 05:03 Tue 07th Apr 2015 | Law
6 Answers

My husband wants to formally adopt my son from a previous relationship. He has been our son's father for 19 of his 20years. My husband is British but we live in New Zealand. The reason and request for the adoption has come from our son because although our son's surname has been changed to my husbands through Deed poll in New Zealand, our son wants formal recognition that my husband is his father in the true sense of the Law. He does not want his biological fathers name to appear on his birth certificate and in addition, when he gets married one day, he wants to hold my husbands surname legally. My husband is the only father my son has every known or had.

We need to know:
1. Is it possible?
2. How can we go about and/or who can we contact to proceed?
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in uk you can only adopt a child ie under 18 ..
Have you looked through the information here?

http://www.cyf.govt.nz/adoption/adopting-a-child/adoptions-within-nz.html

Not sure if it covers adopting an adult though.
But there is a number you can ring and ask.
You can adopt an adult in the US, Canada and Australia but not in the UK, so it may well be possible in New Zealand.

I understand his reasons for wanting to do this but assure your son that having changed his name by Dead Poll, he does use his name legally.
Sorry only children under 18 can be adopted here or in NZ.
If the biological fathers name is on the birth crtificate that can not be changed and in any case it is too late to alter the birth certificate now.
None of this stops your husband from being his Father in every meaningful sence of the word. Your son can change his name legally by deed poll in the UK and NZ that will then be his legal name.
Why would one want to alter the birth certificate if it holds the correct biological details of the parents ? No expert but I'd have though falsifying the document wouldn't be allowed ?

As for the actual OP adoption question, I don't have the knowledge but reading the replies it looks as if it is too late. I'm unsure why anyone would be so keen to deny their roots. Legally it is known he has one biological father and a different parent who alongside with his biological mother, brought him up. Isn't that as it should be ? I can not see the advantage of changing it.
The adoption would of course be in New Zealand
and it doesnt look as tho that is possible

The Common Law position on birth certificates here is straightforward and logical ( judgement by Ormerod (J) who was also MB BS ) in that it records a historical fact - that A was born on a certain date with various things added. It means that it could only be changed on the grounds of mistake or fraud

then came along a statutory correction meaning you could change the sex/gender if you felt like it later no matter what the facts were at birth.
[ clearly i dont like that one ]

so quite honestly I think he is stuck with his BC as it was a correct statement at the time ....

what he does need to do is keep an uptodate will so that he is sure that his biological father doesnt inherit should anything happen

and yes Deed poll name changes are legal ....

sorry we cant really give you the answer you want

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