X v X & Anor (Time Barred Adoption)
[2024] EWHC 364 (Fam)
H (Step-Parent Adoption: Human Rights), Re
12 July 2023
[2023] EWHC 3186 (Fam)
High Court
A man wanted to adopt his stepson after the boy's mom died. The law was tricky, but the judge decided to make it work, because it was the best thing for the boy and matched their real-life family situation.
Key Facts
- •Step-father applies for adoption of his 17-year-old stepson (H).
- •Mother of H passed away in early 2020.
- •Application made under section 51(2) of the Adoption and Children Act 2002, but complicated by the mother's death.
- •H desires the adoption.
- •All parties support the application.
- •The natural father is unknown and played no part in H's life.
- •Holding orders including a child arrangements order and a guardianship order were previously made.
Legal Principles
Section 51(2) of the Adoption and Children Act 2002 allows step-parent adoption if the applicant is the partner of a parent.
Adoption and Children Act 2002
Section 3 of the Human Rights Act 1998 requires legislation to be interpreted in a way compatible with Convention rights if possible.
Human Rights Act 1998
Article 8 of the European Convention on Human Rights protects family and private life.
European Convention on Human Rights
Section 52(6) of the Adoption Act defines 'parent' as a parent with parental responsibility, meaning the natural father's consent is not required.
Adoption Act
The court's paramount consideration is the child's welfare throughout their life.
Implied
Outcomes
The court granted the step-father's adoption application.
Reading down section 51(2) of the Adoption and Children Act 2002 to include situations where the parent was the partner until their death, to be compatible with Article 8 ECHR and ensure H's welfare. This avoids the undesirable consequence of the alternative section 51(1) application which would extinguish H's legal relationship with his deceased mother and her family. The court considered previous case law on similar issues relating to surrogacy.