Adopting step child and husband aquiring PR

Hi there,I wonder if somebody could please help. I am divorced and have two children, one over 16 and one is 14. I remarried several years ago and my husband would like to apply for PR and we are considering him adopting the children. My youngest child also wants to change her name to the same as mine and my husbands. She asked ayear or two ago and I told her to think about it as it''s a big step and she is stil Their biological father hasn''t seen them for 5 years and we don''t know where he lives...
How do I do this? Which forms do I need

Welcome to Wikivorce.

If your husband is succesful with the adoption application, he will then gain PR for the child, and will be a legal parent. The child''s father will lose his legal status as the child''s parent, including having PR removed. He would normally need to consent to the adoption, abd you would be expected to have made efforts to locate him and gain his consent. Adoption order applications are made through the family court, on form A58, and under Section 6 Adoption and Children Act 2002. This is a serious move, and I would expect resistance from the father, while I understand the frustrations where a biological parent choses(?) to not exercise thier PR, or to be involved in thier child''s life, you would be removing the father permenantly. There is no certainty that the adoption order would be successful, and I would suggest you seek legal advice from a solicitor who is experienced in both private and public law on children''s matters.

It is worth adding that you will be assessed by the local authority as a couple; they will not just assess your husband. You need to contact the LA first, before making the court application. The LA will they produce a report which must be given to the court in evidence.

An alternative to adoption is an application for a Child Arrangements Order naming the step-parent as someone with whom the child is to live; this would not necessitate the biological parent losing PR. A CAO will only be appropriate for the 14-year-old and will expire on their sixteenth birthday.

Thank you so much for your informed response,it''s much appreciated. Yes this sounds like a better option as the intention isnt to remove the biological fathers rights.
Also how do I go about changing her surname without knowing the fathers whereabouts?
So to summarize I could apply for this order you''ve mentioned and PR for stepparent and surname change?
Thanks in advance.

Forseti please could you help?

The surname change is an application for a Specific Issue Order on Form C100 (assuming there is no Child Arrangements Order in place - if there is you need Form C1 and apply under Section 13 rather than Section 8). You have to show that a change of surname is in the child''s best interests, i.e. that changing the name will improve the child''s welfare. You also need to show that the original registration was wrong in some way, or that the reasons for changing the name override the reasons for the original registration.

The application for parental responsibility is made on Form C(PRA2). The biological father should sign the form; if he doesn''t you will need to ask the court to make an order. Even if you want your husband to adopt, this can be a sensible first step.