CB, Re Adoption and Children Act 2002

CB, Re Adoption and Children Act 2002

Only an adoption order will provide CB with the necessary security and stability required for her welfare throughout her life; any other order would introduce instability and risk significant emotional harm. The loss of Latvian heritage is significant but outweighed by CB's need for permanence. The parents' consent is dispensed with as required by CB's best interests.

Parties
Subject Child: CB; Applicants: Proposed Adopters; Local Authority: London Borough of Merton; Respondent Mother: CB's Mother; Respondent Father: CB's Father
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Adoption Application / Final Judgment on Adoption Order
Outcome
adoption order granted; parental consent dispensed with
Legal Topics
Adoption, Child Welfare, International Child Law, Parental Consent, Habitual Residence, Cultural Identity, Jurisdiction
Family Law Child Law Adoption Child Welfare International Child Law Parental Consent Habitual Residence Cultural Identity +1 more

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Parties

CB

Subject Child

Proposed Adopters

Applicants

London Borough of Merton

Local Authority

CB's Mother

Respondent Mother

CB's Father

Respondent Father

Procedural Posture

Adoption Application / Final Judgment on Adoption Order

Legal Issues

  1. 1 Whether an adoption order should be made for CB, a Latvian national, in England and Wales
  2. 2 Whether the parents' consent should be dispensed with
  3. 3 Whether any order other than adoption would be consistent with CB's welfare

Ratio Decidendi

Only an adoption order will provide CB with the necessary security and stability required for her welfare throughout her life; any other order would introduce instability and risk significant emotional harm. The loss of Latvian heritage is significant but outweighed by CB's need for permanence. The parents' consent is dispensed with as required by CB's best interests.

Court Disposition

adoption order granted; parental consent dispensed with

Orders

  • An adoption order is made in respect of CB in favour of the prospective adopters.
  • Consent of the parents is dispensed with.