SR & Anor v AE
[2023] EWFC 127
K v Maya
14 February 2023
[2023] EWHC 293 (Fam)
High Court
A girl named Maya was adopted by a woman named K in another country, but the adoption wasn't official in the UK. A judge in the UK decided it was best for Maya to be officially adopted by K, even though they couldn't find one of Maya's birth parents and there were some small mistakes made by the local council. The judge made sure Maya was happy and safe before making the decision.
Key Facts
- •Maya, an 11-year-old girl, was adopted by K in Country F but the adoption isn't recognized in the UK.
- •K brought Maya to the UK in July 2021 and seeks a UK adoption order.
- •Maya's birth parents, Ms ZKT and Mr ZKZ, relinquished her care when she was four. They live in Country F and weren't served notice of the UK adoption application.
- •Maya experienced physical, emotional, and possibly sexual abuse after being relinquished.
- •K has cared for Maya since she was five, providing exceptional care and support.
- •The Country F adoption order is not automatically recognized in the UK.
- •The local authority and the children's guardian recommend the adoption order.
Legal Principles
Service of birth parents in adoption proceedings.
FPR 2010 r. 14.3
Consent to adoption.
Section 47(2) ACA 2002
Recognition of foreign adoption orders.
Adoption (Recognition of Overseas Adoption) Order 2013
Compliance with the Adoption with a Foreign Element Regulations 2005 (AFER 2005).
Sections 83(4) and (5) ACA 2002, AFER 2005
Time period for child living with adopter before adoption application.
Section 42 ACA 2002, Regulation 9 AFER 2005
Welfare checklist under the Adoption and Children Act 2002.
Adoption and Children Act 2002
Outcomes
Adoption order granted.
The court found that the requirements for adoption were met. Maya's welfare dictates the making of the order. The birth father's consent was dispensed with as he could not be found; the birth mother's consent was deemed valid. There was substantial compliance with relevant regulations despite minor procedural issues with the local authority.