X & Anor v M [2022] EWFC 168 (28 November 2022)

X & Anor v M [2022] EWFC 168 (28 November 2022)

The English court recognizes the foreign court's order terminating the birth mother's parental responsibility, so she is not a parent for the purposes of the Adoption and Children Act 2002 and need not be joined or have her consent obtained or dispensed with. The minor procedural defect in notice does not bar the application. The welfare of K, now an adult, is best served by making the adoption order.

Citation
[2022] EWFC 168
Parties
1st Applicant: Mr X; 2nd Applicant: Mrs X; Respondent: M
Jurisdiction
England and Wales
Judgment Date
28 November 2022
Procedural Posture
Adoption Application / Final Judgment
Outcome
Adoption order granted
Legal Topics
Adoption, Parental Responsibility, Recognition of Foreign Orders, Procedural Compliance, Welfare of the Child
Family Law Adoption Parental Responsibility Recognition of Foreign Orders Procedural Compliance Welfare of the Child

Case Brief

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Parties

Mr X

1st Applicant

Mrs X

2nd Applicant

M

Respondent

Procedural Posture

Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether the birth mother's parental responsibility was validly terminated under foreign law and recognized in English law
  2. 2 Whether the birth mother must be joined as a party or her consent obtained or dispensed with
  3. 3 Whether non-compliance with s44(3) Adoption and Children Act 2002 is fatal to the application

Ratio Decidendi

The English court recognizes the foreign court's order terminating the birth mother's parental responsibility, so she is not a parent for the purposes of the Adoption and Children Act 2002 and need not be joined or have her consent obtained or dispensed with. The minor procedural defect in notice does not bar the application. The welfare of K, now an adult, is best served by making the adoption order.

Court Disposition

Adoption order granted

Orders

  • Adoption order made in favour of Mr X and Mrs X in respect of K