Can Joe put Baby Tate up for adoption in Emmerdale? The real rules explained

Emmerdale’s Joe is determined to put Baby Tate up for adoption following Dawn’s death, leaving Kim and Graham desperately trying to persuade him to reconsider.

Coming up, Kim discovers Joe has stopped the family visiting his son as he pushes ahead with his plans. Graham takes an even stronger stand by warning Joe that going through with the adoption will cost him their relationship too.

But could Joe simply decide that Baby Tate is going to be adopted and make it happen?

The real situation in England and Wales is considerably more complicated. GOV.UK states hat both birth parents would normally be asked to consent to an adoption. For a father, however, whether his consent is legally required depends on whether he has parental responsibility.

That creates an interesting question in Joe’s case. Joe and Dawn had been preparing to marry when the catastrophic wedding crash happened. Baby Tate was born following the disaster, but Dawn died shortly afterwards, meaning Joe and Dawn had not married when their son was born.

Under the real rules in England and Wales, an unmarried biological father does not automatically gain parental responsibility simply because he is the child’s father. He can acquire it in several ways, including being named on the birth certificate, through a parental responsibility agreement or through a court order.

Emmerdale has established Joe as Baby Tate’s father, but the storyline information released so far does not explain the legal arrangements surrounding the baby’s birth registration or Joe’s parental responsibility.

That means it would be wrong to assume from the information currently available that Joe could simply make every legal decision about an adoption on his own.

Even where a birth parent has the necessary parental responsibility and agrees to their child being adopted, adoption is not completed by the parent simply choosing another family.

There is a formal process involving adoption professionals and ultimately the Family Court. An adoption only becomes legally permanent when a court grants an adoption order, and the child’s welfare is central to that decision.

GOV.UK also explains that a father with parental responsibility would normally be asked to agree to an adoption. Once an adoption order is eventually made, parental responsibility transfers to the adoptive parent or parents.

So Joe’s decision in Emmerdale can begin a process, but real adoption is far more involved than simply deciding to give Baby Tate away.

That makes Kim and Graham’s desperation particularly significant. Joe may be determined now, but the storyline is dealing with a major permanent decision at a time when he is still overwhelmed by grief following Dawn’s death.

Emmerdale streams on ITVX and airs on ITV1. Images: ITV.