H v An Adoption Agency (Declaration of Parentage Following Adoption) [2020] EWFC 74 (18 November 2020)

H v An Adoption Agency (Declaration of Parentage Following Adoption) [2020] EWFC 74 (18 November 2020)

The court has jurisdiction under s 55A(1) Family Law Act 1986 to grant a declaration of parentage to a birth parent after lawful adoption, as the statute allows any person to apply and the declaration concerns factual (biological) parentage, not legal status, which is governed by s 67 Adoption and Children Act 2002. Section 55A(5) permits the court to refuse to hear the application as a preliminary issue if not in the child's best interests, but on the facts, it is not appropriate to refuse at this stage and the matter should proceed to a final hearing.

Citation
[2020] EWFC 74
Parties
Applicant: H; First Respondent: A; Second Respondent: An Adoption Agency
Jurisdiction
England and Wales
Judgment Date
18 November 2020
Procedural Posture
Application for Declaration of Parentage / Preliminary Hearing on Jurisdiction and Best Interests
Outcome
Application to be listed for final hearing; jurisdiction affirmed; not refused at preliminary stage.
Legal Topics
Declaration of Parentage, Effect of Adoption Order, Jurisdiction Under Family Law Act 1986, Best Interests of the Child, Re Registration of Birth Certificates
Family Law Adoption Law Declaration of Parentage Effect of Adoption Order Jurisdiction Under Family Law Act 1986 Best Interests of the Child Re Registration of Birth Certificates

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Parties

H

Applicant

A

First Respondent

An Adoption Agency

Second Respondent

Procedural Posture

Application for Declaration of Parentage / Preliminary Hearing on Jurisdiction and Best Interests

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 under the Adoption and Children Act 2002?
  2. 2 Does s 55A(5) Family Law Act 1986 permit the question of whether the court should refuse to hear such an application on best interests grounds to be dealt with as a preliminary issue?
  3. 3 Should the court refuse at this stage to hear the application or list the matter for a 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 after lawful adoption, as the statute allows any person to apply and the declaration concerns factual (biological) parentage, not legal status, which is governed by s 67 Adoption and Children Act 2002. Section 55A(5) permits the court to refuse to hear the application as a preliminary issue if not in the child's best interests, but on the facts, it is not appropriate to refuse at this stage and the matter should proceed to a final hearing.

Court Disposition

Application to be listed for final hearing; jurisdiction affirmed; not refused at preliminary stage.

Orders

  • The application for a declaration of parentage is not refused at this stage and is to be listed for a final hearing.
  • Directions to be given for further conduct of the proceedings.