H v An Adoption Agency (Declaration of Parentage Following Adoption)

H v An Adoption Agency (Declaration of Parentage Following Adoption)

The court has jurisdiction under s 55A(1) Family Law Act 1986 to grant a declaration of parentage to a birth parent in respect of a child following lawful adoption, as the section concerns factual parentage and does not conflict with the legal status conferred by adoption under s 67 Adoption and Children Act 2002. S 55A(5) permits a preliminary hearing to refuse to hear the application if not in the child's best interests, but in this case, the court declines to refuse to hear the application at this stage and lists it for final hearing.

Parties
Applicant: H; First Respondent: A; Second Respondent: An Adoption Agency
Jurisdiction
England and Wales
Judgment Date
18 November 2020
Procedural Posture
Family Law Declaration of Parentage / Interlocutory Ruling on Jurisdiction and Preliminary Issue; Application Listed for Final Hearing
Outcome
Application for declaration of parentage not refused at preliminary stage; listed for final hearing.
Legal Topics
Declaration of Parentage, Adoption Orders, Jurisdiction, Public Policy, Best Interests of the Child
Family Law Adoption Law Child Law Declaration of Parentage Adoption Orders Jurisdiction Public Policy Best Interests of the Child

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Parties

H

Applicant

A

First Respondent

An Adoption Agency

Second Respondent

Procedural Posture

Family Law Declaration of Parentage / Interlocutory Ruling on Jurisdiction and Preliminary Issue; Application Listed for Final Hearing

Legal Issues

  1. 1 Does the court have jurisdiction under s 55A(1) Family Law Act 1986 to grant a declaration of parentage to a birth parent after lawful adoption?
  2. 2 Does s 55A(5) Family Law Act 1986 permit a preliminary hearing on whether the court should refuse to hear the application in the child's best interests?
  3. 3 Should the court refuse to hear the application at this stage or list the matter for final hearing?

Ratio Decidendi

The court has jurisdiction under s 55A(1) Family Law Act 1986 to grant a declaration of parentage to a birth parent in respect of a child following lawful adoption, as the section concerns factual parentage and does not conflict with the legal status conferred by adoption under s 67 Adoption and Children Act 2002. S 55A(5) permits a preliminary hearing to refuse to hear the application if not in the child's best interests, but in this case, the court declines to refuse to hear the application at this stage and lists it for final hearing.

Court Disposition

Application for declaration of parentage not refused at preliminary stage; listed for final hearing.

Orders

  • Adoption agency to enquire with Registrar General regarding procedures for amending birth certificate and marking 'Adopted' post-declaration.
  • Adoption agency to notify Attorney General and confirm receipt of papers; invite Attorney General to indicate intention to intervene.