SR & Anor v AE
[2023] EWFC 127
A & B (Adoption: section 83 ACA 2002), Re
8 November 2024
[2024] EWHC 2837 (Fam)
High Court
An aunt brought her nieces from Pakistan to the UK to give them a home. She later applied to adopt them. The court decided she didn't break any rules by bringing them here, and granted the adoption because it's best for the girls.
Key Facts
- •Applicant (aunt) brought teenage nieces (A and B) from Pakistan to the UK in 2022 under a Guardianship order.
- •Applicant later applied for adoption orders in the UK.
- •The children's mother is uncontactable and played a minimal role in their lives.
- •The children's father died in 2021.
- •The application is supported by the Adoption Agency and Children's Guardian.
- •The Applicant believed the Pakistani Guardianship order was equivalent to an adoption order.
- •The Applicant did not initially comply with section 83 ACA 2002 and AFER 2005 regarding bringing children to the UK for adoption.
Legal Principles
Interpretation of 'for the purposes of adoption' in section 83(1)(a) of the Adoption and Children Act 2002 (ACA 2002).
ACA 2002, section 83(1)(a)
Standard of proof in fact-finding: balance of probabilities.
Re B [2008] UKHL 35
Requirements for adoption applications, including qualifying periods and leave to apply outside prescribed times (sections 42-44 ACA 2002).
ACA 2002, sections 42-44
Application of the Human Rights Act 1998 (HRA 1998) and Article 8 ECHR (right to family life) in adoption cases.
HRA 1998, Article 8 ECHR, Re TY [2019] EWHC 2979 (Fam), RR v Secretary of State for Work & Pensions [2019] UKSC 52
Dispensation of parental consent to adoption under section 52 ACA 2002.
ACA 2002, section 52
Outcomes
Adoption orders granted for A and B.
The court found that the Applicant did not bring the children to the UK 'for the purpose of adoption' within the meaning of section 83 ACA 2002, focusing on her intent to provide a permanent home. Even if section 83 had applied, the court found the breaches of AFER 2005 were not grievous and could be disapplied due to the children's and Applicant's Article 8 rights. The children's welfare is paramount and adoption is in their best interests.