Case No. EWFC-115

14The legal framework within which this application is being considered is because, as a matter of law in this jurisdiction under s.33 of the Human Fertilisation and Embryology Act 2008, the respondent, K, remains L’s legal parent, even though that position is different in the United States. If this court makes an adoption order it will serve to extinguish K’s legal relationship with L and will secure J as L’s legal parent. An adoption order will provide the legal security for L and J; the effect of such an order is made very clear by s.67(1) of the Adoption and Children Act when it states as follows:“An adopted person is to be treated in law as if born as the child of the adopters or adopter.”15It has been described previously as a transformative order. It is. It has lifelong consequences, and so the court rightly has to ensure that it has all the information available to be able to make such an order. In considering whether it should make such an order the court is guided by s.1 of the Adoption and Children Act 2002, namely the child’s lifelong welfare needs, having regard to the matters set out in s.1(4).16In her very helpful, and characteristically detailed, skeleton argument, Ms Gamble has provided the court not only with the framework to ensure that J has the requisite eligibility to make this application, but also has considered and looked at the position in relation to ss.83, 92 and 95 ACA 2002 in relation to whether they cause any reluctance on behalf of people/person in J’s situation to be able to make this application.17For the reasons that I have just set out, I am not going to deal with those matters in detail as it is not necessary for the purposes of this judgment. There may be different cases with different circumstances where it may be necessary to go into that in more detail.18What I need to consider in relation to J’s situation is whether she meets the eligibility requirements under the ACA 2002. She does, for the following headline reasons:(1)Under s.49 she is a single adopter. She has been habitually resident in this jurisdiction for one year.(2)In accordance with s.51 she is over 21 years of age.(3)As a result of the leave that I gave previously, that the application can be made before the three-year period has expired.(4)In accordance with the provisions in ss.42–44, the local authority has been given notice, it has had the opportunity to be able to undertake the necessary investigations it is required to do, and it clearly had sufficient opportunity to be able to see L with J in a home environment as required under s.42(7).(5)There is updating medical information available in accordance with r.14.12.(6)The respondent, K, consents to this court making an adoption order which satisfies the requirements in ss.47 and 52. There is a notarised consent dated 23 January 2020, and the recent communication giving her notice in relation to this hearing has confirmed that her support and consent she gave then remains firmly in place. Both J and K remain in contact exchanging updating information in relation to L’s progress. There is nothing in the papers to suggest that that consent has changed in any way.19I am satisfied that J is able to make this application, that the relevant criteria and procedural requirements have been met, which means that the court, in considering whether to make an adoption order, needs to consider whether this order will meet L’s lifelong welfare needs.20It is quite clear from the statements that have been filed by J that L has settled extremely well since they arrived in this jurisdiction. She gives detail in relation to his routine and the progress he is making. Her statements are supported by photographs and information in relation to their day-to-day life. He is clearly developing extremely well and in a creative and imaginative way that seems to include (as set out in the most recent statement) having a mud kitchen in the garden, and spending a lot of time there cooking up various different delicacies for everyone to be tempted by.21In her report Ms Moatti sets out the details in relation to her inquiries, makes a clear recommendation supporting the adoption order being made and says:“L is at the centre of the applicant’s life. She clearly enjoys parenting, is focused on L’s needs and tries to always be the best parent she can. L presents as a happy, contented toddler, strongly attached to the applicant and comfortable in his life. L is completely accepted and integrated into the applicant’s extended family. The applicant is aware the circumstances of L’s life are different to most children and L will ask questions about his background. She will need to answer skilfully to help L comprehend and be comfortable with his past. Above all, J loves L and wants to become his legal mother throughout his childhood by granting of an adoption order.”22As Ms Moatti observes, the adoption order will reflect the close relationship which exists between J and L, and that only an adoption order will legally secure L’s position.23Having considered the recommendation and information provided in the context of the framework of the welfare checklist in s.1(4) ACA 2002, it is quite clear L’s lifelong welfare needs will be met by this court making an adoption order because only that order will reflect the reality of L’s life, not only his reality now but going forward, not only during his minority but in the years beyond. It also recognises the circumstances through which he was born, due to the continuing relationship that has remained between J and K. What it will do is to secure the parental legal relationship between J and L, which can only meet his lifelong welfare needs.24So, for those very brief reasons, I have very great pleasure in making an adoption order.____________