Re M (adoption - notification of birth father)

Re M (adoption - notification of birth father)

On the facts, the birth father should be notified of the adoption proceedings to ensure fairness, the child's right to know his identity, and to place the adoption on a secure foundation; however, as the birth father's identity cannot be ascertained despite all reasonable steps, notification is not possible and no...

Source-derived case information.

Parties
Applicant: A local authority; Respondent: C (M’s birth mother); Second Respondent: M (acting by his Children’s Guardian, Leeanda Morreale); Intervenors: The prospective adopters
Jurisdiction
England and Wales
Judgment Date
01 February 2023
Procedural Posture
Family/adoption / Judgment and Addendum Judgment Following Application Under Part 19 FPR 2010 Regarding Notification of Birth Father in Adoption Proceedings
Outcome
Application for further steps to identify and notify the birth father dismissed; adoption proceedings may proceed without notification.
Legal Topics
Notification of Birth Father, Confidential Relinquishment, Article 8 ECHR Rights, Procedural Fairness in Adoption, Balancing Competing Rights, Local Authority Duties in Adoption
Family Law Adoption Law Human Rights Notification of Birth Father Confidential Relinquishment Article 8 ECHR Rights Procedural Fairness in Adoption Balancing Competing Rights +1 more

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Parties

A local authority

Applicant

C (M’s birth mother)

Respondent

M (acting by his Children’s Guardian, Leeanda Morreale)

Second Respondent

The prospective adopters

Intervenors

Procedural Posture

Family/adoption / Judgment and Addendum Judgment Following Application Under Part 19 FPR 2010 Regarding Notification of Birth Father in Adoption Proceedings

Legal Issues

  1. 1 Whether the birth father should be notified of the adoption proceedings despite the birth mother's refusal to disclose his identity
  2. 2 Whether the local authority has fulfilled its legal obligations regarding notification and investigation
  3. 3 How to balance the Article 8 rights of the mother, child, birth father, and prospective adopters

Ratio Decidendi

On the facts, the birth father should be notified of the adoption proceedings to ensure fairness, the child's right to know his identity, and to place the adoption on a secure foundation; however, as the birth father's identity cannot be ascertained despite all reasonable steps, notification is not possible and no further steps are required.

Court Disposition

Application for further steps to identify and notify the birth father dismissed; adoption proceedings may proceed without notification.

Orders

  • No further steps required by the local authority to discover or notify the birth father.
  • Adoption application may proceed without notification to the birth father.