X & Anor v M

X & Anor v M

The court recognised the foreign court order terminating the birth mother's parental responsibility, found she was not a parent for the purposes of the Adoption and Children Act 2002, and held that minor procedural non-compliance did not bar the application. The adoption order was made as it was in K's best interests and gave legal effect to his established family life.

Parties
1st Applicant: Mr X; 2nd Applicant: Mrs X; Respondent: M; Interested Party: Local Authority
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Adoption / Final Judgment
Outcome
Adoption order granted
Legal Topics
Recognition of Foreign Parental Responsibility Orders, Dispensing With Parental Consent, Adoption of Adults, Procedural Defects in Adoption Applications, Welfare of the Child as Paramount Consideration
Family Law Adoption Law Private International Law Recognition of Foreign Parental Responsibility Orders Dispensing With Parental Consent Adoption of Adults Procedural Defects in Adoption Applications Welfare of the Child as Paramount Consideration

Case Brief

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Parties

Mr X

1st Applicant

Mrs X

2nd Applicant

M

Respondent

Local Authority

Interested Party

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Whether the birth mother's parental responsibility was terminated by a foreign court order and should be recognised under English law
  2. 2 Whether the birth mother must be joined as a party or her consent obtained or dispensed with
  3. 3 Whether procedural non-compliance with s44(3) Adoption and Children Act 2002 bars the application

Ratio Decidendi

The court recognised the foreign court order terminating the birth mother's parental responsibility, found she was not a parent for the purposes of the Adoption and Children Act 2002, and held that minor procedural non-compliance did not bar the application. The adoption order was made as it was in K's best interests and gave legal effect to his established family life.

Court Disposition

Adoption order granted

Orders

  • Adoption order made in favour of the applicants
  • No requirement to serve or join the birth mother as a party