Precedents Cited

The judgment under analysis notably did not reference two critical precedents: Re P (A Child) and the European Court of Human Rights case S derb ck v Sweden. These cases establish important criteria for step-parent adoptions, emphasizing the proportionality of such interventions and the child's best interests.

- Re P (A Child): This case provided a framework for assessing step-parent adoption, highlighting the necessity of considering the degree of interference with family life rights under Article 8 of the European Convention on Human Rights (ECHR).

- S derb ck v Sweden: This ECHR case distinguished between adoptions by strangers and those by family members, ruling that only when adopting a family member does the interference with Article 8 rights become less invasive and more justifiable.

Although the Court of Appeal noted the absence of these references in the original judgment, it concluded that the judge had implicitly considered the principles they embody through a thorough analysis of the statutory framework and the child's welfare.

Legal Reasoning

The court's decision hinged on the statutory provisions of the Adoption and Children Act 2002, particularly sections 47, 50, and 51, which outline the conditions and procedures for making an adoption order. The key considerations included:

• Parental Responsibility: The biological father held parental responsibility, necessitating his consent unless dispensed with under specific conditions.
• Child's Welfare: The paramount consideration was the child's welfare, assessed against the adoption welfare checklist outlined in section 1(4) of the ACA 2002.
• Proportionality: The court evaluated whether adopting the step-father was a proportionate measure to serve the child's best interests, especially given the history of an unstable relationship with the biological father.

The judge determined that adoption was in L's best interests due to the positive impact of the step-father's stable presence and L's expressed desire to formalize this relationship. Despite procedural shortcomings, the Court of Appeal found that the substantive application of the law favored maintaining the adoption order.

Impact

This judgment reinforces the flexibility within the ACA 2002 to prioritize a child's welfare in step-parent adoptions, even when procedural lapses occur. It underscores that while adherence to procedural requirements is essential, the courts have the discretion to uphold decisions that demonstrably serve the child's best interests. Future cases may rely on this judgment to navigate similar scenarios where step-parent adoption is contested, particularly emphasizing the lower threshold for proportionality in such contexts compared to adoptions by strangers.

Parental Responsibility

Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has for their child. It encompasses decisions about the child's upbringing, education, and welfare. In this case, the biological father's parental responsibility was a key factor in determining the admissibility of the adoption order.

Adoption Welfare Checklist

Outlined in section 1(4) of the ACA 2002, the adoption welfare checklist is a set of considerations the court must evaluate to determine the child's best interests. It includes the child's wishes, needs, the effect of adoption on their life, harm suffered or risk thereof, and relationships with relatives and others.

Section 46(6) Adoption and Children Act 2002 (ACA 2002)

This section mandates that the court must consider arrangements for allowing any person contact with the child, taking into account existing or proposed arrangements and obtaining the parties' views. It ensures that the child's continued relationships with others are appropriately managed during and after adoption.

Article 8 of the European Convention on Human Rights (ECHR)

Article 8 protects the right to respect for private and family life. In the context of adoption, it requires that any interference with family life must be justified as necessary and proportionate to achieve a legitimate aim, such as the child's welfare.