F (Children) [2006] EWCA Civ 1345 (18 October 2006)

F (Children) [2006] EWCA Civ 1345 (18 October 2006)

Birth parents whose children were freed for adoption under the Adoption Act 1976 and who have lost parental responsibility are not entitled to notice of adoption proceedings instituted under the Adoption and Children Act 2002. The court is not required, nor does it have discretion in the circumstances of this case, to notify or involve the birth parents in the final hearing. The judge's order to give notice was wrong in law and is set aside.

Citation
[2006] EWCA Civ 1345
Parties
Appellants: Prospective Adopters of Two Brothers; Respondents: Natural Parents of the Children; Supporter of Appeal: Adoption Agency
Jurisdiction
England and Wales
Judgment Date
18 October 2006
Procedural Posture
Adoption Appeal / Appeal From Order of Guildford County Court, Judgment of His Honour Judge Rylance
Outcome
Appeal allowed; order of Judge Rylance set aside.
Legal Topics
Adoption Proceedings, Parental Responsibility, Notice to Birth Parents, Transitional Provisions, Adoption and Children Act 2002, Adoption Act 1976
Family Law Adoption Law Adoption Proceedings Parental Responsibility Notice to Birth Parents Transitional Provisions Adoption and Children Act 2002 Adoption Act 1976

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Parties

Prospective Adopters of Two Brothers

Appellants

Natural Parents of the Children

Respondents

Adoption Agency

Supporter of Appeal

Procedural Posture

Adoption Appeal / Appeal From Order of Guildford County Court, Judgment of His Honour Judge Rylance

Legal Issues

  1. 1 Whether birth parents whose children were freed for adoption under the Adoption Act 1976 are entitled to notice of adoption proceedings instituted under the Adoption and Children Act 2002
  2. 2 Whether the court was required or had discretion to notify birth parents of the final adoption hearing

Ratio Decidendi

Birth parents whose children were freed for adoption under the Adoption Act 1976 and who have lost parental responsibility are not entitled to notice of adoption proceedings instituted under the Adoption and Children Act 2002. The court is not required, nor does it have discretion in the circumstances of this case, to notify or involve the birth parents in the final hearing. The judge's order to give notice was wrong in law and is set aside.

Court Disposition

Appeal allowed; order of Judge Rylance set aside.

Orders

  • No notice of the final adoption hearing to be given to the children's birth parents.
  • Proceed to final hearing as soon as possible.