B, Re [2014] EWHC 1284 (Fam) (02 April 2014)

B, Re [2014] EWHC 1284 (Fam) (02 April 2014)

The court found, on the balance of probabilities, that B's date of birth was 17 September 1995, making him under 18 at the time of the application and within jurisdiction. The Home Office had ample opportunity to participate but failed to respond. B's welfare, including stability, belonging, and the benefits of British citizenship, would be best served by granting the adoption order. The application was not a device to gain a right of abode, and all statutory requirements were met.

Citation
[2014] EWHC 1284 (Fam)
Parties
Applicants: Mr. and Mrs. A; Child Subject to Adoption: B; Birth Father: KB; Birth Mother (deceased): WB; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
02 April 2014
Procedural Posture
Adoption Application / Final Judgment
Outcome
Adoption order granted; declaration as to B's age made.
Legal Topics
Adoption Order, Age Declaration, Jurisdiction, Child Welfare, Nationality, Immigration Status
Family Law Adoption Law Immigration Law Adoption Order Age Declaration Jurisdiction Child Welfare Nationality +1 more

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Parties

Mr. and Mrs. A

Applicants

B

Child Subject to Adoption

KB

Birth Father

WB

Birth Mother (deceased)

Guardian

Guardian

Procedural Posture

Adoption Application / Final Judgment

Legal Issues

  1. 1 Should the hearing be further adjourned due to Home Office non-response?
  2. 2 Should the court make a declaration regarding B's age?
  3. 3 Should an adoption order be made for B, considering his welfare and immigration status?

Ratio Decidendi

The court found, on the balance of probabilities, that B's date of birth was 17 September 1995, making him under 18 at the time of the application and within jurisdiction. The Home Office had ample opportunity to participate but failed to respond. B's welfare, including stability, belonging, and the benefits of British citizenship, would be best served by granting the adoption order. The application was not a device to gain a right of abode, and all statutory requirements were met.

Court Disposition

Adoption order granted; declaration as to B's age made.

Orders

  • Declaration that B's date of birth is 17 September 1995.
  • Adoption order in favour of Mr. and Mrs. A.