A & B (Adoption: section 83 ACA 2002), Re

A & B (Adoption: section 83 ACA 2002), Re

The applicant did not bring the children to the UK 'for the purposes of adoption' within the meaning of section 83 ACA 2002; she acted under genuine misapprehension and for the purpose of providing a permanent home. No breach of section 83 occurred, and the adoption application can proceed under ordinary non-agency adoption rules. Adoption is in the best interests of the children and consent of the mother is dispensed with.

Parties
Applicant: Z; First Respondent: S; Second Respondent: Adoption Agency; Children's Guardian: A and B (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Adoption / Final Judgment
Outcome
Adoption orders granted for both children; consent of mother dispensed with.
Legal Topics
Adoption With a Foreign Element, Section 83 ACA 2002, Dispensation of Parental Consent, Guardianship Orders, Recognition of Foreign Orders
Family Law Adoption International Private Law Adoption With a Foreign Element Section 83 ACA 2002 Dispensation of Parental Consent Guardianship Orders Recognition of Foreign Orders

Case Brief

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Parties

Z

Applicant

S

First Respondent

Adoption Agency

Second Respondent

A and B (by their Children’s Guardian)

Children's Guardian

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Interpretation of 'for the purposes of adoption' under section 83(1)(a) ACA 2002
  2. 2 Whether the applicant breached section 83 ACA 2002 by bringing children to the UK
  3. 3 Dispensation of parental consent under section 52 ACA 2002

Ratio Decidendi

The applicant did not bring the children to the UK 'for the purposes of adoption' within the meaning of section 83 ACA 2002; she acted under genuine misapprehension and for the purpose of providing a permanent home. No breach of section 83 occurred, and the adoption application can proceed under ordinary non-agency adoption rules. Adoption is in the best interests of the children and consent of the mother is dispensed with.

Court Disposition

Adoption orders granted for both children; consent of mother dispensed with.

Orders

  • Applicant granted adoption orders for A and B.
  • Consent of mother dispensed with under section 52(1)(b) ACA 2002.