A & Ors (Children : Scottish adoptions)

A & Ors (Children : Scottish adoptions)

Where a Scottish permanence order with authority to adopt is in force, the English court must recognise its effect, need not obtain further parental consent, and natural parents do not have parental responsibility for the purposes of English adoption law. Natural parents should only be joined to be heard on future contact if they retain such rights. Scottish local authorities must be joined as adoption agencies for procedural compliance.

Parties
Guardian: Guardians of A, B, C, E and F; Guardian: Guardian of D; Prospective Adoptive Parents: Prospective adoptive parents of D; Local Authority: Newcastle City Council; Local Authority: Blackburn with Darwen Borough Council; Local Authority: Dundee City Council, Clackmannanshire Council and Scottish Borders Council
Jurisdiction
England and Wales
Judgment Date
17 January 2017
Procedural Posture
Adoption / Preliminary Determination of Procedural and Substantive Questions Prior to Final Adoption Order
Outcome
Preliminary issues determined; directions to be given for future conduct of the cases in line with the judgment.
Legal Topics
Recognition of Scottish Permanence Orders in England, Parental Consent in Adoption, Joinder and Notification of Natural Parents, Jurisdiction of English Courts in Cross Border UK Adoptions, Procedural Obligations of Scottish Local Authorities in English Adoption Proceedings
Family Law Adoption Law Conflict of Laws Recognition of Scottish Permanence Orders in England Parental Consent in Adoption Joinder and Notification of Natural Parents Jurisdiction of English Courts in Cross Border UK Adoptions Procedural Obligations of Scottish Local Authorities in English Adoption Proceedings

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Parties

Guardians of A, B, C, E and F

Guardian

Guardian of D

Guardian

Prospective adoptive parents of D

Prospective Adoptive Parents

Newcastle City Council

Local Authority

Blackburn with Darwen Borough Council

Local Authority

Dundee City Council, Clackmannanshire Council and Scottish Borders Council

Local Authority

Procedural Posture

Adoption / Preliminary Determination of Procedural and Substantive Questions Prior to Final Adoption Order

Legal Issues

  1. 1 Whether English courts must obtain parental consent for adoption where a Scottish permanence order with authority to adopt exists
  2. 2 Whether natural parents should be joined or notified in English adoption proceedings after a Scottish permanence order
  3. 3 Recognition and effect of Scottish permanence orders in English law

Ratio Decidendi

Where a Scottish permanence order with authority to adopt is in force, the English court must recognise its effect, need not obtain further parental consent, and natural parents do not have parental responsibility for the purposes of English adoption law. Natural parents should only be joined to be heard on future contact if they retain such rights. Scottish local authorities must be joined as adoption agencies for procedural compliance.

Court Disposition

Preliminary issues determined; directions to be given for future conduct of the cases in line with the judgment.

Orders

  • Scottish permanence orders with authority to adopt are recognised and given effect in England.
  • No requirement for further parental consent in English adoption proceedings where such Scottish orders exist.