E (Adoption by One Person)

E (Adoption by One Person)

On the facts, Ms A and Ms B, though no longer in a romantic relationship and never married or civil partners, are living as partners in an enduring family relationship by virtue of their integrated co-parenting of their children. The statutory language of the ACA 2002 can and should be interpreted, in light of evolving family structures and human rights obligations, to permit Ms A to apply for an adoption order for Emma. The existence of family life is a question of fact and degree, and the law does not require cohabitation, conjugality, or marriage for an enduring family relationship to exist for adoption eligibility.

Parties
Applicant: Ms A; Respondent: Ms B; Respondent: The Local Authority; Respondent: E (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Adoption Application / Ruling on Eligibility to Apply for Adoption Order
Outcome
Application permitted to proceed; Ms A is eligible to apply for an adoption order for Emma.
Legal Topics
Adoption by Single Applicant, Interpretation of 'enduring Family Relationship', Article 8 ECHR Right to Family Life, Discrimination Under Article 14 ECHR, Statutory Interpretation
Family Law Adoption Law Human Rights Adoption by Single Applicant Interpretation of 'enduring Family Relationship' Article 8 ECHR Right to Family Life Discrimination Under Article 14 ECHR Statutory Interpretation

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Parties

Ms A

Applicant

Ms B

Respondent

The Local Authority

Respondent

E (by her Children's Guardian)

Respondent

Procedural Posture

Adoption Application / Ruling on Eligibility to Apply for Adoption Order

Legal Issues

  1. 1 Whether Ms A, who is no longer in a romantic relationship with Ms B and was never married or in a civil partnership with her, can be considered a 'partner' in an 'enduring family relationship' under the Adoption and Children Act 2002 for the purposes of applying for an adoption order for Emma.
  2. 2 Whether the statutory requirements of the ACA 2002 can be interpreted to allow such an application in light of evolving family structures and human rights considerations.

Ratio Decidendi

On the facts, Ms A and Ms B, though no longer in a romantic relationship and never married or civil partners, are living as partners in an enduring family relationship by virtue of their integrated co-parenting of their children. The statutory language of the ACA 2002 can and should be interpreted, in light of evolving family structures and human rights obligations, to permit Ms A to apply for an adoption order for Emma. The existence of family life is a question of fact and degree, and the law does not require cohabitation, conjugality, or marriage for an enduring family relationship to exist for adoption eligibility.

Court Disposition

Application permitted to proceed; Ms A is eligible to apply for an adoption order for Emma.

Orders

  • Ms A's application for an adoption order in respect of Emma is permitted to proceed to a welfare determination at a later hearing.