Dorothea Gartland discusses the difficulties of obtaining parental responsibility orders prior to adoption
In Re G [2008] EWCA Civ 105, [2008] All ER (D) 272 (Mar) the Court of Appeal dealt with the requirements of s 84(4) of the Adoption and Children Act 2002 (ACA 2002), which dictates the determination of parental responsibility prior to adoption abroad. The judgment of the court was given by the president, Sir Mark Potter, who noted at para 19:
“Section 84 of the 2002 Act has attracted a great deal of criticism both from practitioners and the family judiciary on the basis that it operates as a significant disincentive to prospective adopters from abroad…there is, of course, the provision in section 86(2) of the 2002 Act which enables parliament by regulations to disapply section 85 if the prospective adopters are parents, relatives or guardians of the child in question (or one of them is). No such regulations have, however, been made.”
Adoption plans
In this case the child, G, was subject to a care order to the local authority with the plan for her to be adopted by a couple, C.
