Case No. ZC96-22

32.Section 1 of the ACA provides that whenever a court or adoption agency is coming to a decision relating to the adoption of a child the paramount consideration must be the welfare of the child throughout his life. The court must have regard to the matters set out in subsection 1(4). I have all these matters firmly in mind. 33.There can be no doubt from the all the evidence I have before me that despite the terrible events in his early life that K has been lovingly cared for by the applicants and brought up as their son. He has thrived in their care, assisted by wider members of the paternal family and friends too. He has done well at school and socially too. For his part, he regards the applicants as his parents and always will. To all intents and purposes that is what they are, and it is entirely understandable that they all wish this situation to be fully recognised in law. 34.At the age of 18, K’s wishes and feelings are an overriding consideration, but all the other matters in the welfare checklist point in the same direction, namely that it is in his best interests throughout his life for this order to be made. This court is only giving legal effect to what took place long ago. K does not have any contact with his birth mother or members of the maternal family, and whether or not he ever does so will be a matter only for him. His father died when he was very young and all his relationships are with his paternal relatives who have provided him with security and loving support. There is no other order which can provide the same lifelong security and status as this. 35.Had it been necessary to do so, I would have dispensed with the mother’s consent. K may be a young adult now, but his welfare and rights to respect for his private and family life pursuant to Article 8 ECHR requires his position as the son of the applicants and their position as his parents to be fully recognised. Such interference with the mother’s Article 8 rights as this order brings is both necessary and proportionate in all the circumstances. 36.I therefore make the adoption order sought.