B v B and Ors (Section 83 ACA 2002 and Step-Parent Adoption) [2026] EWHC 97 (Fam) (26 January 2026)

B v B and Ors (Section 83 ACA 2002 and Step-Parent Adoption) [2026] EWHC 97 (Fam) (26 January 2026)

Section 83 of the Adoption and Children Act 2002 applies to step-parent adoptions effected abroad and brought into the UK within 12 months, but in this case, strict compliance with section 83 and related regulations would result in a disproportionate and unjustified interference with the established Article 8 ECHR rights of the applicant and child. The court has power to interpret or disapply the statutory requirements to give effect to those rights, particularly where the adoption is not the type of exploitative or stranger adoption the legislation was designed to prevent, but rather a step-parent adoption with a long-standing family relationship. The child's welfare and best interests...

Citation
[2026] EWHC 97 (Fam)
Parties
Applicant: EB; First Respondent: RB; Second Respondent: London Borough of Havering; Third Respondent: YB (through her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
26 January 2026
Procedural Posture
Adoption Application (step Parent, International Element) / Final Judgment After Contested Hearing
Outcome
Adoption order granted in favour of EB (step-father) in respect of YB.
Legal Topics
Step Parent Adoption, International Adoption, Recognition of Foreign Adoption Orders, Section 83 Adoption and Children Act 2002, Article 8 ECHR, Public Policy in Adoption, Procedural Compliance and Statutory Interpretation
Family Law Adoption Law Human Rights Step Parent Adoption International Adoption Recognition of Foreign Adoption Orders Section 83 Adoption and Children Act 2002 Article 8 ECHR +2 more

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Parties

EB

Applicant

RB

First Respondent

London Borough of Havering

Second Respondent

YB (through her Children's Guardian)

Third Respondent

Procedural Posture

Adoption Application (step Parent, International Element) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Does section 83 of the Adoption and Children Act 2002 apply to step-parent adoptions effected abroad and subsequently brought into the UK?
  2. 2 If so, can the court disapply or interpret section 83 and related regulations to avoid disproportionate interference with Article 8 ECHR rights?
  3. 3 Was the child brought into the UK 'for the purposes of adoption' within the meaning of section 83(1)(a)?

Ratio Decidendi

Section 83 of the Adoption and Children Act 2002 applies to step-parent adoptions effected abroad and brought into the UK within 12 months, but in this case, strict compliance with section 83 and related regulations would result in a disproportionate and unjustified interference with the established Article 8 ECHR rights of the applicant and child. The court has power to interpret or disapply the statutory requirements to give effect to those rights, particularly where the adoption is not the type of exploitative or stranger adoption the legislation was designed to prevent, but rather a step-parent adoption with a long-standing family relationship. The child's welfare and best interests...

Court Disposition

Adoption order granted in favour of EB (step-father) in respect of YB.

Orders

  • Adoption order made in favour of EB for YB.
  • Court dispenses with strict compliance with section 83 and related regulations as incompatible with Article 8 ECHR rights in this context.