A (A Child : Adoption Order) [2015] EWFC 63 (26 January 2015)

A (A Child : Adoption Order) [2015] EWFC 63 (26 January 2015)

There has been no sufficient or positive change in circumstances by the birth parents or commissioning mother to justify granting permission to oppose the adoption. Even if there had been, the welfare of A requires that permission be refused and the adoption proceed, as the birth family cannot meet her emotional needs and the placement with the prospective adopters is in her best interests.

Citation
[2015] EWFC 63
Parties
Applicants: Prospective Adopters; Respondent (birth Mother): Wendy; Respondent (birth Father): JD; Respondent (commissioning Mother/partner of Jd): AC; Respondent: ND; Respondent (local Authority): NYCC (North Yorkshire County Council); Respondent: TH
Jurisdiction
England and Wales
Judgment Date
26 January 2015
Procedural Posture
Adoption Application Under the Adoption and Children Act 2002 / Judgment on Permission to Oppose Adoption and Final Adoption Order
Outcome
Permission to oppose adoption refused; adoption order to be made after 21 days if no appeal is extant.
Legal Topics
Adoption Order, Permission to Oppose Adoption, Change in Circumstances, Child Welfare, Surrogacy, Contact Arrangements
Family Law Adoption Law Adoption Order Permission to Oppose Adoption Change in Circumstances Child Welfare Surrogacy Contact Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Prospective Adopters

Applicants

Wendy

Respondent (birth Mother)

JD

Respondent (birth Father)

AC

Respondent (commissioning Mother/partner of Jd)

ND

Respondent

NYCC (North Yorkshire County Council)

Respondent (local Authority)

TH

Respondent

Procedural Posture

Adoption Application Under the Adoption and Children Act 2002 / Judgment on Permission to Oppose Adoption and Final Adoption Order

Legal Issues

  1. 1 Whether the birth parents and commissioning mother should be granted permission to oppose the adoption application under s.47(5) Adoption and Children Act 2002
  2. 2 Whether there has been a sufficient change in circumstances since the placement order
  3. 3 Whether direct or indirect contact should be ordered between A and her birth family

Ratio Decidendi

There has been no sufficient or positive change in circumstances by the birth parents or commissioning mother to justify granting permission to oppose the adoption. Even if there had been, the welfare of A requires that permission be refused and the adoption proceed, as the birth family cannot meet her emotional needs and the placement with the prospective adopters is in her best interests.

Court Disposition

Permission to oppose adoption refused; adoption order to be made after 21 days if no appeal is extant.

Orders

  • Permission to oppose adoption refused to Mother, Father, and AC.
  • Adoption order to be made at expiration of 21 days from the date of the order if no appeals are pending.