Sarah Osborne v Helen Arnold

Sarah Osborne v Helen Arnold

Ms Osborne is C's legal parent as a matter of fact and law; the Registrar's refusal to register her was unlawful, leading to an unnecessary adoption order. The adoption order is revoked, a declaration of parentage is granted, and the Registrar's decision is quashed to allow a fresh birth registration.

Parties
Applicant/claimant: Sarah Osborne; Respondent/claimant: Helen Arnold; First Intervener/defendant: Cambridgeshire County Council; Second Intervener/interested Party: The Registrar General
Jurisdiction
England and Wales
Judgment Date
25 July 2022
Procedural Posture
Family and Administrative / Final Judgment
Outcome
Declaration of parentage granted; adoption order revoked; judicial review allowed; Registrar's decision quashed; costs awarded against Cambridgeshire County Council.
Legal Topics
Declaration of Parentage, Adoption Revocation, Birth Registration, Judicial Review of Administrative Decisions
Family Law Administrative Law Judicial Review Declaration of Parentage Adoption Revocation Birth Registration Judicial Review of Administrative Decisions

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Parties

Sarah Osborne

Applicant/claimant

Helen Arnold

Respondent/claimant

Cambridgeshire County Council

First Intervener/defendant

The Registrar General

Second Intervener/interested Party

Procedural Posture

Family and Administrative / Final Judgment

Legal Issues

  1. 1 Whether Ms Osborne is legally C's parent
  2. 2 Whether the adoption order should be revoked
  3. 3 Whether the Registrar's refusal to register Ms Osborne as parent was unlawful

Ratio Decidendi

Ms Osborne is C's legal parent as a matter of fact and law; the Registrar's refusal to register her was unlawful, leading to an unnecessary adoption order. The adoption order is revoked, a declaration of parentage is granted, and the Registrar's decision is quashed to allow a fresh birth registration.

Court Disposition

Declaration of parentage granted; adoption order revoked; judicial review allowed; Registrar's decision quashed; costs awarded against Cambridgeshire County Council.

Orders

  • Declaration of parentage in favour of Ms Osborne
  • Revocation of adoption order made on 3 November 2015