A & B (Adoption: section 83 ACA 2002), Re
[2024] EWHC 2837 (Fam)
SR & Anor v AE
26 July 2023
[2023] EWFC 127
Family Court
A teenager's uncle and aunt wanted to adopt her after her parents died. They had been looking after her for years and she wanted to be adopted by them. The court said yes because it was best for her.
Key Facts
- •Application for adoption of AE (18 years old) by her uncle and aunt (SR and MF).
- •AE's parents died in 2018, and she lived in country X (North Africa).
- •Applicants obtained Guardianship (Kafala) in country X in 2021 and were approved as adopters in late 2020.
- •AE entered the UK in December 2022 and the adoption application was issued shortly after.
- •All parties supported the adoption order.
- •AE wishes to be adopted and has a strong relationship with the applicants.
- •The local authority and Cafcass supported the application.
Legal Principles
Requirements for making an adoption order under the Adoption and Children Act 2002 (ACA 2002), the Adoption of Children (Intercountry Adoption) Regulations 2005 (AFER 2005), and the Family Proceedings Rules 2010 (FPR 2010).
ACA 2002, AFER 2005, FPR 2010
Requirements for assessment and notification by various agencies before and after the child's arrival in the UK.
ACA 2002, AFER 2005, FPR 2010
The six-month home requirement for adoption applications can be waived under certain circumstances (considered in Re TY (Preliminaries to Intercountry Adoption) [2019] EWHC 2979)
Re TY (Preliminaries to Intercountry Adoption) [2019] EWHC 2979
Best interests of the child are paramount in adoption decisions.
Unspecified
Outcomes
Adoption order granted.
All requirements met; strong relationship between AE and applicants; AE's wishes; best interests of the child.