E (A Child) Step-parent Adoption) [2022] EWFC B3 (24 January 2022)

E (A Child) Step-parent Adoption) [2022] EWFC B3 (24 January 2022)

The child's welfare throughout her life is best served by granting the adoption order, as her step-mum has been her psychological and practical mother for a decade, and legal recognition is necessary to cement that relationship. The passionate and longstanding wish of the child, her near-adult status, and the emotional harm of refusing adoption outweigh the risks of potential future regret and loss of birth family relationships. Dispensing with the birth-mother's consent is proportionate and required by the child's welfare, despite strong professional opposition.

Citation
[2022] EWFC B3
Parties
Subject Child: Ellie [name changed]; Applicant: Step-mum; Father: Dad; Respondent: Birth-mum
Jurisdiction
England and Wales
Judgment Date
24 January 2022
Procedural Posture
Step Parent Adoption / Final Judgment
Outcome
Adoption order granted in favour of step-mum; birth-mother's consent dispensed with.
Legal Topics
Adoption, Step Parent Adoption, Welfare of the Child, Parental Responsibility, Dispensing With Parental Consent
Family Law Adoption Step Parent Adoption Welfare of the Child Parental Responsibility Dispensing With Parental Consent

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Parties

Ellie [name changed]

Subject Child

Step-mum

Applicant

Dad

Father

Birth-mum

Respondent

Procedural Posture

Step Parent Adoption / Final Judgment

Legal Issues

  1. 1 Whether it is in the child's lifelong welfare to be adopted by her step-mother despite the birth-mother's opposition
  2. 2 Whether the court should dispense with the birth-mother's consent to adoption
  3. 3 Whether adoption is a proportionate interference with the birth-mother's Article 8 rights

Ratio Decidendi

The child's welfare throughout her life is best served by granting the adoption order, as her step-mum has been her psychological and practical mother for a decade, and legal recognition is necessary to cement that relationship. The passionate and longstanding wish of the child, her near-adult status, and the emotional harm of refusing adoption outweigh the risks of potential future regret and loss of birth family relationships. Dispensing with the birth-mother's consent is proportionate and required by the child's welfare, despite strong professional opposition.

Court Disposition

Adoption order granted in favour of step-mum; birth-mother's consent dispensed with.

Orders

  • Adoption order to be made in favour of step-mum, deferred for 28 days to allow birth-mother to seek permission to appeal.
  • Birth-mother's consent to adoption dispensed with under s.52(1)(b) Adoption and Children Act 2002.