In the matter of C and D (Adoption) [2009] JRC 036B (03 March 2009)

In the matter of C and D (Adoption) [2009] JRC 036B (03 March 2009)

Special circumstances exist in this case due to the twins' need to remain together, the applicant's exceptional parenting abilities, the children's history of neglect and difficulty in placement, and the absence of risk factors presumed by the statutory provision. The welfare of the children and the evidence of their flourishing in the applicant's care justify the adoption order as an exceptional measure under Article 11(3).

Citation
[2009] JRC 036B
Parties
Applicant: PS; Child (female, Adoptee): C; Child (male, Adoptee): D; Amicus Curiae: Attorney General
Jurisdiction
Jersey
Judgment Date
03 March 2009
Procedural Posture
Adoption Application / Judgment on Merits With Reasons
Outcome
adoption order granted
Legal Topics
Adoption, Special Circumstances, Discrimination, Welfare of the Child, Same Sex Parenting, Statutory Interpretation
Family Law Human Rights Law Adoption Special Circumstances Discrimination Welfare of the Child Same Sex Parenting Statutory Interpretation

Case Brief

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Parties

PS

Applicant

C

Child (female, Adoptee)

D

Child (male, Adoptee)

Attorney General

Amicus Curiae

Procedural Posture

Adoption Application / Judgment on Merits With Reasons

Legal Issues

  1. 1 Whether special circumstances exist to justify adoption of a female child by a sole male applicant under Article 11(3) of the Adoption (Jersey) Law 1961
  2. 2 Whether Article 11(3) is compatible with the European Convention on Human Rights
  3. 3 Whether the welfare of the child overrides statutory presumptions against sole male adoption of female children

Ratio Decidendi

Special circumstances exist in this case due to the twins' need to remain together, the applicant's exceptional parenting abilities, the children's history of neglect and difficulty in placement, and the absence of risk factors presumed by the statutory provision. The welfare of the children and the evidence of their flourishing in the applicant's care justify the adoption order as an exceptional measure under Article 11(3).

Court Disposition

adoption order granted

Orders

  • Adoption order made in favour of PS for both C and D
  • Court expresses gratitude to Miss Emma Hollywood for her assistance as amicus curiae