B & Anor v D & Ors [2023] EWFC 18 (02 February 2023)

B & Anor v D & Ors [2023] EWFC 18 (02 February 2023)

The applicants meet all statutory requirements for adoption under the ACA 2002. Parental consent is valid or not required due to parental death. The evidence overwhelmingly supports that adoption orders are in the lifelong welfare interests of both children, providing security, stability, and legal benefits. The court is satisfied that domestic adoption orders should be made.

Citation
[2023] EWFC 18
Parties
Applicant: B; Applicant: C; Respondent: D; Respondent (child): X; Respondent (child): Y
Jurisdiction
England and Wales
Judgment Date
02 February 2023
Procedural Posture
Adoption Application / Final Hearing and Judgment
Outcome
Adoption orders granted for both children under the Adoption and Children Act 2002.
Legal Topics
Recognition of Foreign Adoption, Domestic Adoption Order, Parental Consent, Welfare of the Child, Habitual Residence, Domicile, Annex a Report
Family Law Adoption Law Recognition of Foreign Adoption Domestic Adoption Order Parental Consent Welfare of the Child Habitual Residence Domicile +1 more

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Parties

B

Applicant

C

Applicant

D

Respondent

X

Respondent (child)

Y

Respondent (child)

Procedural Posture

Adoption Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the court should recognise Nigerian adoption orders or make domestic adoption orders under the Adoption and Children Act 2002
  2. 2 Whether the applicants meet the statutory requirements for adoption under the ACA 2002
  3. 3 Whether parental consent is valid and sufficient

Ratio Decidendi

The applicants meet all statutory requirements for adoption under the ACA 2002. Parental consent is valid or not required due to parental death. The evidence overwhelmingly supports that adoption orders are in the lifelong welfare interests of both children, providing security, stability, and legal benefits. The court is satisfied that domestic adoption orders should be made.

Court Disposition

Adoption orders granted for both children under the Adoption and Children Act 2002.

Orders

  • Adoption order for X in favour of B and C
  • Adoption order for Y in favour of B and C