K v Maya

K v Maya

The statutory requirements for adoption have been substantively complied with; the birth mother has validly consented to adoption after being informed of its implications, the birth father cannot be found and his consent is dispensed with, procedural non-compliance by the local authority does not bar the order, and Maya’s welfare requires the making of an adoption order.

Parties
Applicant: K; First Respondent: Maya (Through Her Children’s Guardian); Second Respondent: ACounty Council
Jurisdiction
England and Wales
Judgment Date
14 February 2023
Procedural Posture
Adoption / Final Judgment
Outcome
Adoption order granted
Legal Topics
International Adoption, Recognition of Foreign Adoption Orders, Consent of Birth Parents, Compliance With Statutory Framework, Dispensing With Consent, Welfare of the Child
Family Law International Adoption Recognition of Foreign Adoption Orders Consent of Birth Parents Compliance With Statutory Framework Dispensing With Consent Welfare of the Child

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Parties

K

Applicant

Maya (Through Her Children’s Guardian)

First Respondent

ACounty Council

Second Respondent

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Whether the statutory requirements for adoption under the Adoption and Children Act 2002 and Adoptions with a Foreign Element Regulations 2005 have been met
  2. 2 Whether consent of Maya’s birth parents to adoption can be accepted or dispensed with
  3. 3 Whether procedural non-compliance by the local authority bars the adoption order

Ratio Decidendi

The statutory requirements for adoption have been substantively complied with; the birth mother has validly consented to adoption after being informed of its implications, the birth father cannot be found and his consent is dispensed with, procedural non-compliance by the local authority does not bar the order, and Maya’s welfare requires the making of an adoption order.

Court Disposition

Adoption order granted

Orders

  • Adoption order made in favour of K for Maya
  • Dispensation of consent and service for Maya’s birth father