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Can you get legal aid for a lesbian couple to adopt a child that one of the couple is the birth mum

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2mummies | 09:53 Wed 19th Oct 2011 | Law
27 Answers
Hi, we are a lesbian couple who 3 years ago had a baby 'together' by private arrangment (donor not been in contact since donating) we want the non birth mum to adopt and feel rather than try to do it our self through the courts (birth mum has developed a neurelogical condition where she can not sign her signiture), so we was wondering if we could possiably be entilted to legal aid, the non birth mum has had to give up work to care for the birth mum so we are on benefits at the moment.

Any advice would be really really appreciated.

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Sorry, from the way you have written this I can't work out who is who here. Are you the 'birth mum' or the 'non-birth mum', or neither?
Perhaps 2mummies doesn't want to disclose this on AB factor. It wouldn't make any difference to any answers surely. We don't need to know.
Question Author
hi, sorry we wrote it together, but me typing is the non irth mum, and my partner is the birth mum.
I would think 2Mummies is the non birth mum, as she refers to 'we' and has stated the birth mum cannot sign her signature due to a condition, so I'd assume she is not the one writing this. I'm sure citizens advice can advise you or you could ring up a reputable family law solicitor and they would advise you over the telephone. They may make an appointment to assess your financial circumstances and tell you whether or not you qualify for legal aid. Good luck
PS I dont think you would be charged for the consultation appointment - but double check, if you do take this route.
Question Author
Thank you lofty, i didn't think it matered, it's not that we don't want people to know so much, but i truly do not feel like anything that my daughters mamma. Thank you so much for your replies.
Hi loftylottie- I was trying to work out whether the author was one of the ones trying to adopt and whether three parties were involved- that could make a difference
Question Author
Factor, no it's just the 2 of us, i can see why you'd want to know as it would complicate things.
Sorry Factor. I understand now.
-- answer removed --
I would suggest you go to the C.A.B or possibly these people http://www.lagla.org.uk/
i wonder if you would need to prove it was necessary. they may feel its not essential and you dont need to do it.
is there any material benefit? or is it just because you would like it?
I do not think that the birth mum not being able to sign a document is in any way fatal. Nothing to stop her making a mark (if she can do that), or instructing someone else to sign the document on her behalf (for instance a District Judge after receiving evidence on oath).

I don't do any family work, but Eddie is right when he says that legal aid has been seriously cut - you could try googling the Legal Services Commission Funding Code and reading it (if I wasn't up to my neck in work I would do it for you) to see if you are elligible. You could try going to the Bar Pro Bono Unit to see if there is someone there who could help. Failing that the CAB may be able to assist. Is there a charity who could assist with adoption? Or an organisation who supports single sex parents.

You could try contacting a local barristers chambers and seeing if there is a barrister there who would advise on a fixed fee basis to do the work and see if you could come to some arrangement on payment?

It's irrelevant WHY you want to do this for your child, the fact that you do is enough.
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barmaid, it may be relevant why...as, if they are cutting back, they may only offer assistance to essential cases....or cases that can demonstrate a detriment to the child if it doesnt happen...

this clearly is just a desire rather than a need

unless there is something you can think of that may enhance any application...

if one parent is very ill it may be helpful in the future for the other to have more legal rights etc...
Question Author
Thank you all so much, yes it it not a need rather than a want, but imagen been told your child is not your child in the eye's of the law!!! my daughter is MY daughter, and both me ane my daughter need this to be recognise by law, so if any thing 'god forbid' happened to the birth mother i would still be recognised as the other parent. Thankfully this is exactally how my partner 'the birth mother' feels.
i agree 2mummies, its best you have legal rights...but thats not the issue...the question is whether or not you deserve the cost of that to be covered.

they may not think you do...they may expect you to save up or something
-- answer removed --
Can I suggest you join Babyworld.co.uk?
They have an excellent forum about Adoption and Fostering
You will have to join to view it though but you'll not find a better place to find out information
This is the link for the actual forum so you won't be able to view it until you have signed up but it'll be here once you have
http://www.babyworld....ion=101&shp=64&fid=64

What the girls on there don't know really isn't worth knowing =)

GL

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