B, Re

B, Re

The court found, on the balance of probabilities, that B was born on 17 September 1995 and was under 18 at the time of the application, thus conferring jurisdiction. The Home Office was given ample opportunity to participate but failed to do so. B's welfare, including stability, belonging, and ongoing contact with his birth family, is best served by an adoption order, which is not a device for citizenship but a genuine welfare measure.

Parties
Applicants: Mr. and Mrs. A; Subject Child: B; Birth Father: KB; Birth Mother (deceased): WB; Guardian's Advocate: Ms. N. Finch
Jurisdiction
England and Wales
Judgment Date
02 April 2014
Procedural Posture
Adoption / Final Judgment
Outcome
adoption order granted; declaration of age made
Legal Topics
Adoption, Age Determination, Child Welfare, Immigration Status, Citizenship
Family Law Child Welfare Immigration Adoption Age Determination Immigration Status Citizenship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr. and Mrs. A

Applicants

B

Subject Child

KB

Birth Father

WB

Birth Mother (deceased)

Ms. N. Finch

Guardian's Advocate

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Whether the court should further adjourn the hearing given the Home Office's lack of response
  2. 2 Whether the court should make a declaration regarding B's age
  3. 3 Whether B's lifelong welfare needs require an adoption order

Ratio Decidendi

The court found, on the balance of probabilities, that B was born on 17 September 1995 and was under 18 at the time of the application, thus conferring jurisdiction. The Home Office was given ample opportunity to participate but failed to do so. B's welfare, including stability, belonging, and ongoing contact with his birth family, is best served by an adoption order, which is not a device for citizenship but a genuine welfare measure.

Court Disposition

adoption order granted; declaration of age made

Orders

  • Declaration that B's date of birth is 17 September 1995
  • Adoption order in favour of Mr. and Mrs. A