NBR - Anyone had legal training? step parent adoption help needed.
This is not at all baby related but I am hoping someone may have some advise.
My husband was adopted at 10 by his step father, 3 years later his mum divorced step dad.
My hubby had to do a crb form for a volunteer job and so needed to know about his previous name - his mum sent him the adoption form proving step dad adopted him - and the divorcee forms.
After the divorcee they all went back to using mum previous name... BUT there is nothing legally documented to say they did this. Our worry is now that if step dad legally adopted the kids and they therefore had his name - shouldn't something legally have been done to change there name back to the original one rather than them just using it?
Husband passport, bank account, our marriage etc.. was all done in his birth name..... so we are really worried that there might be legal ramifications.
Does anyone know legally where we stand? we know we may need to contact a solicitor but are very worried about the costs we may incure.
(I should add that this is the only time in the 18 years I have been with dh that we have really discussed his step dad, he was a very abusive man and his mum fled to a womens refuge with nothing but the kids to get away from him. So it is also hard for hubby to revisit this area of his life - so this is another reason we want to get this sorted asap so we can put the past in the past).
If the parents split but there is no legal paperwork with the change of name on then legally his name is his adopted name. To be honest I'm a little confused about your post ... I'm not too sure what you're asking? But if you're asking if your partner adopts any previous kids you have they will be under his adopted name if there is nothing that says legally they went back to the mother's name, unless he has changed his name by deed poll
From what I know.... Once a step parent adopts a child they have full parental responibility and in order to change their name back the bio parent would need their permission or go to the Deed Pole stating the reasons the parent couldn't/wouldn't be able to gain permission. It'd then go to a board to be decided if the change could be done. from that you'd have a legal document stating a new name. Unless you have that I would guess that legally you OH would still be what ever his step father was.
Worth contacting someone like CAB or some family lawyers do a free half hour so you could try that
i'm no expert on this by a long stretch, but i would say seen as he's managed to get his passport, marriage cert etc in his birth name then he's probably fine. he was called that at birth and is called that now, i doubt for 3 years during childhood that would be picked up and questions for crb.
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