Judge in England to determine adoption application for child placed for adoption in Scotland

A Family Court judge has concluded that an adoption application in respect of a child placed for adoption in Scotland with Scottish adopters can be determined in England.

The child, E, in the case of E (Scottish Adopters: English Adoption Proceedings) [2019] EWFC 9 is 2½ years old. When she was six months old, she was made the subject of a final care order and placement order in proceedings conducted in the Family Court in England.

Some four months later, she was placed for adoption in Scotland. Her prospective adopters live in Scotland.

Mr Justice Cobb said he was satisfied on the evidence that at least one of the prospective adopters was domiciled in Scotland, and they had both unquestionably been habitually resident in Scotland for many years. They had previously adopted E’s older full sibling; E and her sibling had established a strong and close bond, the judge said.

The adopters applied for an adoption order in respect of E. The application was made under section 50 ACA 2002 (adoption by a couple). They issued their adoption application in the Family Court in England. 

At a case management hearing, a preliminary question arose for determination – namely whether an adoption application in respect of a child placed for adoption in Scotland with Scottish adopters can be determined in England. 

Mr Justice Cobb concluded that he could determine the case. He said the position in this case was:

i) The adopters’ application was lawfully and procedurally well made here in the English Family Court; he was satisfied on the evidence that at least one of the adopters was domiciled, and in any event, both were and have been habitually resident for more than a year, in a part of the British Islands (section 49(2)/(3) ACA 2002); 

ii) The Court here would rely on the placement order which was made nearly two years ago (section 21 ACA 2002); 

iii) If the adoption order was made here, it would have the same effect in Scotland as it had in England and Wales (section 77(2) AC(S)A 2007); 

iv) The adopters could have applied in Scotland, relying on the English placement order (section 31(9)(b)(ii) AC(S)A 2007);

v) Any Scottish adoption order would have had effect in England (section 105(2) ACA 2002).

Mr Justice Cobb continued: “As it is established that either jurisdiction could entertain the application, an issue of forum conveniens then arises. The adopters have chosen to issue in the English Court, and by inference it is not inconvenient to them to travel to the court where the application has been issued.

“As the birth parents have indicated their intention to apply for leave to oppose the adoption, and as there is no other contentious element to this proposed application, it is appropriate in my judgment that the application should be allowed to proceed in this jurisdiction. No party raises any dispute about this.”