Jurisdiction(s):
United Kingdom

Re H: using HRA 1998 s 3 to read down ACA 2002 s 51(2) for step-parent adoption after a parent's death (England and Wales)

Published on: 14 February 2024

Published by a LexisNexis Family expert

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Article summary

Re H (Step-Parent Adoption: Human Rights) [2023] EWHC 3186 (Fam), [2023] All ER (D) 165 (Jul)

What are the practical implications of this case?

Had the step‑parent adoption not been granted, the child would have been left without any legal parent, despite his stepfather having raised him and acted as his de facto parent since the age of two. The child’s biological father, who left the mother during her pregnancy, did not hold parental responsibility. The child himself described to the court the routine, day‑to‑day difficulties he would face in the absence of a legal parent, including issues around signing permission slips for school activities and worries concerning his immigration and nationality status. Whilst the step‑parent adoption proceedings were ongoing, the court made in the applicant stepfather’s favour an interim child arrangements order and a guardianship order under sections 8 and 5 of the Children Act 1989, respectively. The application was supported by the local authority, with Cafcass participating as amicus curiae (ie a friend of the court), and there was no evidence indicating that the mother would have opposed the making of such an order...

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