B v B and Ors (Section 83 ACA 2002 and Step-Parent Adoption)

B v B and Ors (Section 83 ACA 2002 and Step-Parent Adoption)

Section 83(1)(a) was not breached as YB was brought to the UK for education, not for adoption, and there was no settled intention to adopt in England at the time of entry. Section 83(1)(b) does not apply to step-parent adoptions, as Parliament did not intend to capture such cases, and applying it would be disproportionate and contrary to Article 8 ECHR rights. Even if section 83(1)(b) applied, any breach was inadvertent and does not prevent an adoption order, as welfare considerations outweigh public policy concerns.

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 / Final Judgment
Outcome
Adoption order granted
Legal Topics
Step Parent Adoption, International Adoption, Section 83 ACA 2002, Article 8 ECHR, Adoption With Foreign Element, Disapplication of Statutory Requirements
Family Law Adoption Law Human Rights Step Parent Adoption International Adoption Section 83 ACA 2002 Article 8 ECHR Adoption With Foreign Element +1 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 / Final Judgment

Legal Issues

  1. 1 Whether section 83(1)(a) or (b) of the Adoption and Children Act 2002 applies to a step-parent adoption following a foreign adoption order
  2. 2 Whether breach of section 83(1)(b) prevents making an adoption order
  3. 3 Whether disapplication of section 83(1)(b) is necessary to prevent disproportionate interference with Article 8 rights

Ratio Decidendi

Section 83(1)(a) was not breached as YB was brought to the UK for education, not for adoption, and there was no settled intention to adopt in England at the time of entry. Section 83(1)(b) does not apply to step-parent adoptions, as Parliament did not intend to capture such cases, and applying it would be disproportionate and contrary to Article 8 ECHR rights. Even if section 83(1)(b) applied, any breach was inadvertent and does not prevent an adoption order, as welfare considerations outweigh public policy concerns.

Court Disposition

Adoption order granted

Orders

  • Adoption order in favour of EB with respect to YB