A & Anor v A Local Authority & Anor

A & Anor v A Local Authority & Anor

The court found that the payments made by A and B to D and E were not for or in consideration of the adoption of C but were loans, a significant portion of which had been repaid. The arrangement, though technically contravening statutory provisions, was genuine and not commercial. The welfare of the child demanded that an adoption order be made in favour of A and B.

Parties
Applicant: A; Applicant: B; Respondent: A Local Authority; Respondent: C (through his Guardian)
Jurisdiction
England and Wales
Judgment Date
17 December 2014
Procedural Posture
Adoption / Judgment After Fact Finding Hearing
Outcome
adoption order granted
Legal Topics
Adoption, Child Welfare, Private Adoption Arrangements, Payments in Adoption
Family Law Adoption Child Welfare Private Adoption Arrangements Payments in Adoption

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Parties

A

Applicant

B

Applicant

A Local Authority

Respondent

C (through his Guardian)

Respondent

Procedural Posture

Adoption / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether payments made by prospective adopters to birth parents were for or in consideration of the adoption of the child
  2. 2 Whether the adoption arrangement contravened statutory provisions on private adoptions and payments
  3. 3 Whether an adoption order should be made in light of the payments and circumstances

Ratio Decidendi

The court found that the payments made by A and B to D and E were not for or in consideration of the adoption of C but were loans, a significant portion of which had been repaid. The arrangement, though technically contravening statutory provisions, was genuine and not commercial. The welfare of the child demanded that an adoption order be made in favour of A and B.

Court Disposition

adoption order granted

Orders

  • C to be made the subject of an adoption order in favour of A and B