In the matter of RA (Baby Relinquished for Adoption)

In the matter of RA (Baby Relinquished for Adoption)

The court held that the best interests of the child, RA, would be served by remaining with the prospective adopters, Mr. and Mrs. D, and making an adoption order in their favour. The birth parents' application for leave to oppose the adoption failed as there was no relevant change in circumstances; their change was emotional, not circumstantial. The maternal grandmother was granted leave to apply for a child arrangements order, but her substantive application was rejected as the risks of disrupting the child's secure attachments and the lack of an existing relationship outweighed the benefits of placement with family. The paramount consideration was the child's welfare, and the secure,...

Parties
Prospective Adopters: Mr. and Mrs. D; Applicant for Child Arrangements Order: Maternal Grandmother (MGM); Birth Parent: Birth Mother; Birth Parent: Birth Father; Respondent: Local Authority; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
14 October 2016
Procedural Posture
Family/adoption / Final Judgment After Cross Applications and Application for Leave to Oppose Adoption
Outcome
Adoption order granted in favour of Mr. and Mrs. D; birth parents' application for leave to oppose adoption refused; maternal grandmother granted leave to apply for child arrangements order but substantive application refused.
Legal Topics
Adoption Order, Leave to Oppose Adoption, Child Arrangements Order, Best Interests of the Child, Attachment and Disruption, Article 8 ECHR, Relinquished Baby, International Element (latvia)
Family Law Adoption Law Child Law Adoption Order Leave to Oppose Adoption Child Arrangements Order Best Interests of the Child Attachment and Disruption +3 more

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Parties

Mr. and Mrs. D

Prospective Adopters

Maternal Grandmother (MGM)

Applicant for Child Arrangements Order

Birth Mother

Birth Parent

Birth Father

Birth Parent

Local Authority

Respondent

Children’s Guardian

Children's Guardian

Procedural Posture

Family/adoption / Final Judgment After Cross Applications and Application for Leave to Oppose Adoption

Legal Issues

  1. 1 Whether to grant an adoption order in favour of the prospective adopters
  2. 2 Whether to grant the maternal grandmother leave to apply for a child arrangements order and to remove the child from the jurisdiction
  3. 3 Whether to grant the birth parents leave to oppose the adoption order

Ratio Decidendi

The court held that the best interests of the child, RA, would be served by remaining with the prospective adopters, Mr. and Mrs. D, and making an adoption order in their favour. The birth parents' application for leave to oppose the adoption failed as there was no relevant change in circumstances; their change was emotional, not circumstantial. The maternal grandmother was granted leave to apply for a child arrangements order, but her substantive application was rejected as the risks of disrupting the child's secure attachments and the lack of an existing relationship outweighed the benefits of placement with family. The paramount consideration was the child's welfare, and the secure,...

Court Disposition

Adoption order granted in favour of Mr. and Mrs. D; birth parents' application for leave to oppose adoption refused; maternal grandmother granted leave to apply for child arrangements order but substantive application refused.

Orders

  • Adoption order made in favour of Mr. and Mrs. D for RA.
  • Birth parents' application for leave to oppose adoption refused.