Adoption Order set aside after mother claimed not to know fathers identity

Following a divorce or separation matters relating to children can often be difficult. Especially if one parent is unable to have custody or contact with their child. what can be more disturbing to a parent is losing their child and the rights for their child to a step-parent through adoption.

Our family lawyers consider a recent case in which a father lost his child to a step-father through adoption. A recent case of Re J (Adoption Appeal) considers the importance of adoption orders and obtaining the consent of parents prior to adoption.

Father does not have parental responsibility of child

The case concerns a child born to unmarried parents. The parents of the child met through mutual friends and were living in the same locality. They were in their late teens when their relationship began which only lasted a few months and they became parents of the child.

The mother was still living at her parents house when the child was born. In the early weeks of the child’s life the father met the mother and the child on several occasions at the mothers families home. The mother registered the child’s birth but did not include the father on the child’s birth certificate. 

The father suffered from anxiety and depression, as a result of his own adverse childhood experiences, and his visits to the child became more infrequent. The mother and her family then moved home, and the relationship between the father and child started to diminish as the father stopped visiting. Occasionally the mother contacted the father through social media with updates about the child. When the child was about 3 or 4 years old, the mother contacted the father and invited him to meet up with her and the child. The father spent the full day with the child. Despite the mother having the father’s mobile number and social media contact, there was minimal contact and the father did not persevere with contact with the child.

Mother commences another relationship and step-father applies for adoption order

The mother later met another man with whom she began a relationship and became pregnant. In October 2011 the mother married the child’s step-father and a short while later the child’s stepbrother was born.

In April 2013 the step-father made an application for the adoption of the child. In accordance with section 44(5) of the Adoption and Children Act 2002 a report was prepared by the social workers following them meeting the child’s mother and step-father.

It is important to note that an adoption order is made with the consent of the parents, unless the court is satisfied that the consent should be dispensed with. However, a parent is the parent with parental responsibility. Therefore, if a father is not named on the child’s birth certificate or does not have parental responsibility then the court does not need this parents consent.

Mother and step-father provide false and misleading information at the time of applying for an adoption order

In the case of Re J the mother and step-father provided false and misleading information to the social services when they were preparing their report to the court. The social services noted within their report:

• The details and identity of the child’s father are unknown
• The child may have other half-siblings however this is not known due to the identity of his father being unknown
• Child’s birth father details are unknown and therefore there is no information of paternal family members
• Mother advised that she had met the father at a party and had sexual encounter with him but was unaware of the details. Following the sexual encounter there was no further contact, or any details known for her to be able to contact him.
• The mothers parents verified the information provided by the mother as correct

The local authority has not been able to establish paternity as the child’s father’s details, or any extended paternal family details are unknown. It was on this basis that the court had ordered an adoption order in favour of the step-father.

The father appeals against the adoption order for his child

In 2016 following the father making a recovery from his depression he wanted to establish his relationship with his child. Having instructed solicitors, the father identified a mediator to assist only for the mother to not attend the meeting. The mother then contacted the fathers solicitors to advise of the child’s adoption.

The father appealed against the adoption order on the following grounds:

1. The mother and step-father were aware of his identity but made no attempt to notify of the adoption or serve papers
2. The mother and step-father lied to the local authority and the court on the fathers paternity.
3. The court were unable to assess the adoption order properly based on the mothers lies to the court.

Following the father’s unopposed appeal, the court set aside the adoption order and made a parental responsibility order in favour of the father, along with regular weekend contact for the father with the child.

In reaching its decision the judge noted: “An adoption order is not immune from any challenge. A party to the proceedings can appeal against the order in the usual way. The authorities show, I am sure correctly, that where there has been a failure of natural justice, and a party with a right to be heard on the application for the adoption order has not been notified of the hearing or has not for some other reason been heard, the court has jurisdiction to set aside the order and so make good the failure of natural justice”.

This case highlights that despite not having parental responsibility over a child, it is still the father’s right to be notified of any application for an adoption order given that adoption involves the severance of a family’s legal relationships, and the creation of a new set of legal family relationships, which fundamentally impacts upon the life of the child, the natural parent who faces becoming a ‘former’ parent, and the adoptive parent.

Should you have any questions or concerns in relation to any child matter you can contact our offices to arrange a free initial consultation by contacting our family lawyers in Newcastle on 0191 814 1000 or let us call you back.