fbpx

Confidentiality of the Adoption Process Prevails in Parenthood Dispute

8th October 2021 By

The confidentiality of the process by which an adopted child becomes part of a new, permanent and inviolable family unit is, for very good reasons, sacrosanct. A judge made that point in refusing a man’s application for his biological parenthood of an adopted child to be formally recognised.

The man was not named as the child’s father on her birth certificate but a DNA test had confirmed his paternity. After unsuccessfully opposing her adoption, he sought a judicial declaration that he was the child’s parent. If granted, that would permit amendment of the child’s birth certificate to record him as her father.

Viewing the application as a staging post on the route to resuming his relationship with the child, he argued that she had a right to know the identity of her biological father and her siblings. With the support of the Attorney General, however, the local authority that had arranged the adoption opposed the application. They argued that, if successful, the application would open a back door that would undermine the inviolability and confidentiality of the adoptive placement.

Dismissing the application, the judge noted that the result of an adoption should be that an adopted child ceases to be the child of their previous parent and becomes, for all purposes, the child of the adopters, that change of status being both final and permanent. The integrity of the adoption process depends on the identity of adoptive parents, the name of the adopted child and the location of the adoptive placement being kept strictly confidential.

Noting that a declaration of parentage would necessarily have to contain the child’s adoptive name, the judge concluded that upholding the man’s application would be manifestly contrary to public policy. Given the eminently reasonable approach of the child’s adoptive parents, the man could have confidence that the child would be made aware of her origins as she grew up.

Source: Concious

Latest News

Neighbours Encroaching on Your Right of Way? Consult a Lawyer Today

14th October, 2021 By

Many homes or businesses are only accessible via neighbours' land and that can prove fertile ground for dispute. However, as a High Court case showed, expert lawyers are adept at ensuring their clients' unhindered use of rights of way. A couple's home and holiday accommodation business was accessed via a track that ran across land that formed part of the grounds of a country house hotel. They took action against the hotel's owners, asserting that they had for a number of years engaged in a persistent and systematic course of...

Record Amounts of Inheritance Tax Being Paid in UK

12th October, 2021 By

A record amount of Inheritance Tax (IHT) is being recouped from UK taxpayers by the Treasury, according to recent data published by HM Revenue and Customs. The statistics, released in late August, show that £2.1 billion was collected by the government from IHT in April to July 2021 – a £500 million increase on the amount collected during the same period the year before. Rising property and share prices are having a knock-on effect by increasing the value of estates passed on through inheritance and pushing them into a higher IHT...

Confidentiality of the Adoption Process Prevails in Parenthood Dispute

8th October, 2021 By

The confidentiality of the process by which an adopted child becomes part of a new, permanent and inviolable family unit is, for very good reasons, sacrosanct. A judge made that point in refusing a man's application for his biological parenthood of an adopted child to be formally recognised. The man was not named as the child's father on her birth certificate but a DNA test had confirmed his paternity. After unsuccessfully opposing her adoption, he sought a judicial declaration that he was the child's parent. If granted, that would permit...

Father's Failure to Make a Will Plunges His Widow Into Legal Difficulties

6th October, 2021 By

One of the best things you can do for your loved ones is to sign a professionally drafted will. As a High Court case showed, failing to take that easy and cost-effective step is to risk plunging those closest to you into legal difficulties after you are gone. The case concerned a German national who died intestate. Under German law, his widow was entitled to half his estate with the remainder being shared between his five children equally. As a result, his youngest son, aged 16, inherited a one-tenth share...