X v X & Anor (Time Barred Adoption)

X v X & Anor (Time Barred Adoption)

The breach of the lower time limit for notice under section 44(3) of the Adoption and Children Act 2002 was a technicality that did not cause prejudice or disadvantage to any party or the court. A purposive construction of the statute, supported by precedent and human rights considerations, allowed the court to grant the adoption order in Z’s best interests.

Parties
Applicant: Mr X; First Respondent: Mrs X; Second Respondent: Y County Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Adoption Application (non Agency, Step Parent) / Judgment on Application for Adoption Order
Outcome
Adoption order granted
Legal Topics
Adoption Order Time Limits, Statutory Interpretation, Best Interests of the Child, Human Rights Act 1998 Article 8, Recognition of Foreign Adoptions
Family Law Adoption Law Human Rights Adoption Order Time Limits Statutory Interpretation Best Interests of the Child Human Rights Act 1998 Article 8 Recognition of Foreign Adoptions

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Parties

Mr X

Applicant

Mrs X

First Respondent

Y County Council

Second Respondent

Procedural Posture

Adoption Application (non Agency, Step Parent) / Judgment on Application for Adoption Order

Legal Issues

  1. 1 Whether failure to comply with the three-month notice period under section 44(3) of the Adoption and Children Act 2002 bars the making of an adoption order
  2. 2 Whether the court can waive the lower time limit for notice in the interests of the child

Ratio Decidendi

The breach of the lower time limit for notice under section 44(3) of the Adoption and Children Act 2002 was a technicality that did not cause prejudice or disadvantage to any party or the court. A purposive construction of the statute, supported by precedent and human rights considerations, allowed the court to grant the adoption order in Z’s best interests.

Court Disposition

Adoption order granted

Orders

  • Adoption order made in favour of Mr X for Z