Sally Homer recently represented the Local Authority In the case of B v B, in the High Court (Family Division), before Mr Justice MacDonald. The court considered the correct legal route for a step-parent adoption where a child had already been adopted abroad by her step-father and later brought to England.
The court was satisfied that making an English adoption order was in the young person’s lifelong welfare interests, with the application supported by the local authority and the children’s guardian.
The central issue was whether the case fell within s.83 Adoption and Children Act 2002, which regulates bringing a child into the UK for the purpose of adoption or bringing a child into the UK within 12 months of the making of a foreign (non-convention) adoption order, or whether the provision should be disapplied because its application would amount to a disproportionate interference with the parties’ Article 8 rights.
Mr Justice MacDonald concluded that the statutory framework permitted the making of the domestic step-parent adoption order and granted the order, clarifying the approach to s.83 in international step-parent adoption situations and emphasising that the child’s welfare remained the paramount consideration.
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