Case No. EWFC-180
Family Court

Case No. EWFC-180

Fecha: 25-Ene-2022

Discussion and decision

24Having considered the evidence the court has and the information set out so clearly in the skeleton argument, I have reached the conclusion that each step the applicant has taken is supported by the documents she attaches to her statement, in particular, the DNA testing outlined above, and I am satisfied that she has established, on the balance of probabilities, that D is her birth father. Having reached that conclusion, I am required by s.58 to consider whether to make the declaration, which I must do unless it would be manifestly contrary to public policy. 25Making this declaration will acknowledge the applicant’s natural father. It would not affect her legal parentage or status. It does not alter or affect the validity of the adoption order that was made in 1945. So I am satisfied, on the information that the court has, that there is nothing that would prevent this court making the declaration because there are no issues that are manifestly contrary to public policy.26It is quite clear this application and declaration is of enormous personal and emotional significance for the applicant. It will give her a sense of completion in respect of her identity and her own particular life story. I have no doubt that the declaration will be of assistance to her children and grandchildren. Her Art.8 rights are engaged, which include her Art.8 rights that her de facto relationships are recognised and protected by the law.27In this case, as I have said, the adoptive parents were enlightened. The applicant knew from an early age she was adopted and, over time, the circumstances were explained to her. It is increasingly recognised and more so now that that approach meets the welfare need of the particular child. It was acknowledged by Hogg J in 2006, but certainly as time has gone on since then, the importance for an adopted child to be able to be confident as to his or her own status and to know as much about his or her own background as possible is widely recognised. That applies also to the children and grandchildren of somebody who has been adopted.28Having been satisfied as to the truth of the factual basis of this application and there are no public policy considerations that I have to take into account, I am entirely satisfied that the court can make the declarations that are sought, namely that D is the birth father of E.__________