The Prospective Adopters (AA AND BB) v CC

The Prospective Adopters (AA AND BB) v CC

Given DD's age, competence, consistent wishes, the support of her birth mother, and the established de facto family relationship with AA and BB, the welfare balance is decisively in favour of making the adoption order. The concerns raised by the Guardian and Authority do not outweigh DD's autonomy and the benefits...

Source-derived case information.

Parties
Applicants / Prospective Adopters: AA and BB; 1st Respondent / Birth Mother: CC; 2nd Respondent / Authority: A London Borough; 3rd Respondent / Subject Child: DD; 4th Respondent / Guardian: The Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
30 November 2017
Procedural Posture
Adoption Application / Final Judgment
Outcome
Adoption order granted
Legal Topics
Adoption of Adult, Special Guardianship, Welfare of the Child, Parental Responsibility, Article 8 ECHR, Proportionality, Consent to Adoption
Family Law Adoption Law Adoption of Adult Special Guardianship Welfare of the Child Parental Responsibility Article 8 ECHR Proportionality +1 more

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Summary, issues, holding and outcome

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Parties

AA and BB

Applicants / Prospective Adopters

CC

1st Respondent / Birth Mother

A London Borough

2nd Respondent / Authority

DD

3rd Respondent / Subject Child

The Children’s Guardian

4th Respondent / Guardian

Procedural Posture

Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether an adoption order should be made for an adult (DD) under the Adoption and Children Act 2002
  2. 2 Whether the welfare of DD throughout her life requires the making of an adoption order
  3. 3 Whether the concerns raised by the Guardian and Authority outweigh DD's wishes and the applicants' suitability

Ratio Decidendi

Given DD's age, competence, consistent wishes, the support of her birth mother, and the established de facto family relationship with AA and BB, the welfare balance is decisively in favour of making the adoption order. The concerns raised by the Guardian and Authority do not outweigh DD's autonomy and the benefits of legally harmonizing her family status. The order is necessary and proportionate in the circumstances and not draconian as in opposed stranger adoptions.

Court Disposition

Adoption order granted

Orders

  • An adoption order is made in favour of AA and BB in respect of DD.