CC (Adoption Application: Separated Applicants)

Separation after an adoption application does not necessarily require the application to be restarted or confined to one applicant. The court must determine whether an order in favour of both applicants promotes the child’s welfare throughout life. Relevant considerations include the child’s established psychological and social relationships with each applicant, integration into the family, equality of status with siblings, the applicants’ continuing ability to co-parent, and their support for a joint order. Where those factors decisively favour preserving both parental relationships, a joint adoption order may be made despite the applicants living separately.

Mr and Mrs C applied jointly to adopt M after she had been placed with them. They separated after issuing the application, but continued to care for M across two households. The local authority, M’s Guardian and both applicants supported a joint adoption order. The central issue was whether the application should be restarted with Mrs C as sole applicant or whether an order could properly be made in favour of both separated applicants.

1. Outcome. A joint adoption order was made in favour of Mr and Mrs C. The court’s paramount consideration under Adoption and Children Act 2002, s. 1 was M’s welfare throughout her life.
2. The evidence established that M was securely attached to both applicants, regarded them as her parents, and was fully integrated into a family including her siblings and extended family. Applying the analysis of social and psychological parenthood in Re G (Children) [2006] 2 FLR 629, the legal position should, in this case, be aligned with the established psychological relationships.
3. The court considered the social and emotional advantages identified in Re WM (Adoption: Non-Patrial) [1997] 1 FLR 132, including M’s benefit from having the same status within the family as her siblings. The applicants’ continued co-parenting without significant dispute, and their shared support for the order, were important features.
4. The court was satisfied that the requirement in s. 42(7) of the Adoption and Children Act 2002 had been met. There had been ample opportunities for the local authority to see M with both applicants together in the home environment before and after the application. The court left open the question whether such opportunities must occur after the application is made.
5. In the particular circumstances, making an order solely in favour of Mrs C would create a stark legal division from the established family relationships and would leave Mr C without legal obligations towards M. The factors therefore decisively favoured a joint order.

First-instance decision. No appellate history is stated in the judgment.