Advice Needed

[andy222]

As most of you know, my wife and step daughter came over here last January. My wife came over using her maiden name. We have visited the Philippine Embassy, changed her name and have got her passport back stating her new surname. The problem is, now my stepdaughter - who is 7 years old - is asking for her name to be changed to the same as ours.

We are expecting a baby in February. Obviously my stepdaughter is feeling a bit left out. I have contacted a solicitor who told me a name change would be no problem.

The issue is when we apply for FLR. I am thinking it will confuse the UKVI as to why the name on the application is different to the name in her passport. Advice please.

[lordna]

You can change her name by deed poll but this is NOT recognised in the Philippines. I am currently going through this at the moment with my step daughter who also wants the same surname as myself and her mum. We decided on adoption which we are going through the process of at the moment. In the first instance you need to contact your local authority and also the local family court and just explain what you are trying to do, they will send leaflets/forms etc which will explain all.

One thing we have had to do though is get an NBI clearance from the Philippines for my wife. This has been particularly difficult as Tacloban is still badly affected post Yolanda and in order to order a new clearance meant we had to go to the Philippine Embassy in London and complete a fingerprint card/ have it sent to us to send on to a relative back home to get it processed by the NBI. Needless to say we are still waiting for it!

If you go down the adoption route then you get intervied numerous times by a social worker asking all sorts of questions about your past etc etc. Having said that, our social worker is very nice and the whole thing so far has been quite a pleasant experience.

Hope this helps

[lordna]

I just add to the above that we didn't start the adoption process until after they both had British and then Dual citizenship and all the passports as things did look to get a bit complicated doing it beforehand.

However, if your step daughter wants to be known here by your name she can just start using your surname without any problem I believe. Might be best to do that until such time as you get ILR and Citizenship sorted (if they want it).

[andy222]

Thanks Lordna. When we met the solicitor she told us there was no need to adopt. It costs just over £100 to change the name. By the time we apply for ILR she will be 11 years old.

[lordna]

Thanks Lordna. When we met the solicitor she told us there was no need to adopt. It costs just over £100 to change the name. By the time we apply for ILR she will be 11 years old.

You should give this serious thought as any name change OTHER than adoption will not be recognised by the Phiippines Embassy. So if you go for British Citizenship, that will be in the new surname, as will a British Passport. BUT if you go for Dual citizenship the new Philippine passport and oath taking will be using the OLD surname. Could get complicated!

Adoption is long-winded but costs £170 I believe and is recognised by both countries and also means that in the event of both you and our wife dying then your step daughter would inherit your estate. Also no problems with being a beneficiary of your pension scheme if you're in one. You do NOT have parental responsibility for your step daughter unless you adopt, get a Parental Responsibility Order, Residence Order or Special Guardianship

[joebloggs]

Thanks Lordna. When we met the solicitor she told us there was no need to adopt. It costs just over £100 to change the name. By the time we apply for ILR she will be 11 years old.

As Lordna has said, I don't think the name change is recognised in the Phils unless you adopt,

Also Andy, as Lordna has posted, it might surprise you that you don't have 'parental responsibility', thou you could go thru the courts to get this. I'm sure you don't need to adopt Lordna, in order to get parental responsibility.

http://www.gingerbread.org.uk/factsheet/19/Parental-responsibility-

[sars_notd_virus]

Thanks Lordna. When we met the solicitor she told us there was no need to adopt. It costs just over £100 to change the name. By the time we apply for ILR she will be 11 years old.

Probably because the biological father is not named in the birth certificate of your step daughter?

[Jenky]

Hi Andy222

I went through exactly this process. My stepdaughter came to the UK on a Visa/Filipino Passport that has her Filipino father's name on them

Whatever you do, you cannot change the surname on her Filipino passport to your name or indeed anybody else's. So her Filipino passport will always be in the surname stated on her Filipino birth certificate. I guess until she gets married when she can then change her Filipino passport to use her husband's name.

So for my stepdaughter - before we applied for ILR - I changed her surname to mine by deed poll. It does not take long and costs about fifty quid. You can do it online, just be sure to use the official site. You will be sent a fancy certificate showing the new name. But when you apply for the deed poll you have the option to purchase more certificates and I would advise you do that - as they are bound to come in handy later on.

When you finally make the ILR application for her, fill it in using her new name, and in the section "Any Previous Name" fill it in using her old name and state the reason for the change (that is you want your family to all have the same surname) and submit an official copy of the deed poll with your ILR application. She will then get her British Nationality Certificate in the name recorded on the deed poll.

So my stepdaughter now has a Filipino passport with her biological father's surname on it - but a British passport with my surname on it.

Both equally valid. But when we go back to the Philippines, we just use her British passport. Hope this helps.

Just one thing to note is that - even after doing this - you will still have no legal standing as her parent or guardian. Only her mother will have this. If you want this, then wait until she is a British national and then apply to adopt her. That is another thread!! I, personally, do not see any overwhelming reason for doing this.

[joebloggs]

Just one thing to note is that even after doing this you will still have no legal standing as her parent or guardian. Only her mother will have this. If you want this then wait until she is a British national and then apply to adopt her. That is another thread!! I personally do not see any overwhelming reason for doing this.

You might not need to adopt

https://www.gov.uk/parental-rights-responsibilities/apply-for-parental-responsibility


I, personally, do not see any overwhelming reason for doing this.

A couple of reasons: You cannot give consent for any medical treatment to be carried out on your step child :NoNo: nor can you accompany them whilst being questioned by the police. This
can only come from someone who has parental responsibility.

[ViesVies]

Hi Lordna,

Did you see a solicitor before you contacted your local authority?

Today, I emailed the family court who gave me the site where to obtain the form. Printed and read through the form which I found straightforward - and I'm confident I and my husband can do the adoption order application, just like we did with our visas.

Part of it is the Social Services Report which I phoned my local council about, and they told me we can't start until we seek/talk to a solicitor first.

Thanks

[Jenky]

I thought long and hard about adopting my stepdaughter. I decided that in my case there was no overwhelming reason to do so because the likelihood of my stepdaughter ever meeting her father again is probably zero. So he is unlikely to cause any problems. So, with this in mind is it really necessary for us all to go to the time and expense to adopt her just so I can legally say that along with my wife I now have parental responsibility for her and can sign her school trip travel forms when asked?

As far as who receives our inheritance and our pensions, well these can all be dealt with in a suitably drafted will.

Like the solicitor in the thread seemed to imply, "no need to adopt" At the end of the day, when she turns 18, then parental responsibility becomes pretty much an irrelevance anyway. I put it in the same bracket as not registering my Philippines' marriage here in the UK and not registering my own daughters birth in the Philippines here in the UK Civil Registry. Both can be done - and as such may incur a cost - but both are not required for any reason as far as our life in the UK is concerned.

If you google this subject, then there are reasons for and against - and of course every situation is different. Joebloggs came up with a couple of points, but to me they are just not overwhelming reasons.

Bear in mind that, if I adopt, then any parental responsibility the father and his family have are severed. Even though they will probably never meet one another again, I still feel uncomfortable with this fact. I feel like I am imposing my wishes on a young child when it is just not necessary.

[Michael Parnham]

What's happened to Parent or Guardian - they both have the same responsibility, haven't they? :Erm:

[Arthur Little]

What's happened to Parent or Guardian - they both have the same responsibility, haven't they? :Erm:

:iagree:, Michael ... :yeahthat:'s what I've always thought too ... :anerikke: ... now you mention it!

[lordna]

Hi Lordna,

Did you see a solicitor before you contacted your local authority?

Today, I emailed the family court who gave me the site where to obtain the form. Printed and read through the form which I found straightforward - and I'm confident I and my husband can do the adoption order application, just like we did with our visas.

Part of it is the Social Services Report which I phoned my local council about, and they told me we can't start until we seek/talk to a solicitor first.

Thanks

I think Social Services can ADVISE you to talk to a solicitor but that is entirely up to you. A solicitor might not be aware that "a deed poll" is not recognised by the Philippine Authorities. I found out from the Philippine embassy in London. So NO, I didn't see a solicitor first. Be aware that Social Services IMHO do try and deter you from adopting as its a lot of work for them preparing the report for the family court. But to me adoption seems the best option even though it might take longer and cost a little more (£170). Once it's done you have no more worries and its recognised by BOTH the UK and Philiipines. This will probably save you both money and hassle in the long term.

[ViesVies]

I agree adoption is the best. It's frustrating that we get less help from this Adoption Team (Social Services) not thinking that stepchild adoption is less complicated than them having to do the agency adoption.

We will probably bypass this legal advice thing and go ahead sending the Council a letter of intent for adoption to start the application.

Thanks and good luck to us.

[melovesengland]

hello everyone, my husband is planning to adopt my daughter when she arrives next year to live permanently in the uk.

what are the documents i needed from the philippines for the adoption process here in the uk?

i will be visiting home in sept and wanting to get all her documents ready for the visa and for the adoption process. please help. thank you very much.