A (A Child): Contested Adoption and Local Authority Conduct, Re
[2024] EWFC 192 (B)
C (A Child) (Adoption by Foster Carers), Re
3 April 2024
[2024] EWFC 87
Family Court
A little girl with serious health problems lives with her foster parents, who want to adopt her. Her birth parents don't want her adopted. The judge decided adoption is best because moving her could be very dangerous for her health. The judge said there won't be any visits from the birth parents for a while, to keep her safe and happy.
Key Facts
- •C, a 5-year-old girl with complex medical conditions, has been in care proceedings since March 2020.
- •C has lived with foster carers, Mr. and Mrs. D, for nearly 4 years and considers them her parents.
- •Mr. and Mrs. D wish to adopt C, supported by the local authority and guardian.
- •C's parents oppose adoption, preferring special guardianship or long-term fostering.
- •The Court of Appeal remitted the case for reconsideration after finding the lower court insufficiently evaluated long-term fostering.
- •The primary issue is the appropriate legal structure for C's permanent care.
- •The parents' relationship with Mr. and Mrs. D is severely strained, impacting C's well-being.
Legal Principles
The paramount consideration in all children cases is the child's welfare.
Children Act 1989, section 1(1)
In adoption cases, the paramount consideration is the child's welfare throughout their life.
Adoption and Children Act 2002, section 1(2)
Adoption is a last resort, only to be considered when 'nothing else will do'.
Re B (A Child) [2013] UKSC 33
The court must consider all realistic options and undertake a global, holistic evaluation of the child's welfare.
Re B-S (Children) [2013] EWCA Civ 1146
Imposing post-adoption contact on unwilling adopters is extremely unusual.
Re R (Adoption: Contact) [2005] EWCA Civ 1128
Outcomes
Adoption order granted in favour of Mr. and Mrs. D.
C's exceptional vulnerability due to her medical conditions and the severe risk of harm from placement disruption outweighs the risks associated with severing ties with her birth family. Adoption provides the most secure and stable environment for C.
No post-adoption contact order made.
Given the strained relationship between the parents and foster carers, and the potential for continued conflict to harm C, imposing contact against Mr. and Mrs. D's wishes is not considered appropriate.
Indirect letterbox contact twice yearly agreed upon and to be reviewed after 12 months.
Maintaining some connection to the birth family may be beneficial for C, however only indirect contact will be permitted to maintain stability in the new adoptive home.