Case No. ZC96-22

6.Notwithstanding the international elements this is a domestic adoption. The applicants and K are habitually resident here and all have British nationality. The provisions of the Adoption and Children Act 2002, the Children Act 1989 the Family Procedure Rules 2010 and the Adoption Agency Regulations 2005 all apply. The child concerned must have lived with the adopters for three years (s42(5)). The application may be made by a single person or a couple (s49)1)), and at least one of the couple must be either habitually resident or domiciled in the British Isles for not less than one year (s42(2) and (3)). The application for an adoption order may only be made if the person to be adopted has not attained the age of 18 at the date of the application, and an adoption order cannot be made after the person to be adopted has attained the age of 19 (s49(4) and s47(9)). 7.The adoption agency must prepare a report on the suitability of the applicants to adopt and any other matters relevant to section 1 ACA, and assist the court in any manner directed (s43).8.This application was made before K’s 18th birthday although he has attained that age since. He is a party to the application but following the first hearing, I determined that it was not necessary to appoint a Guardian to act on his behalf. He is now a legal adult and has very clear views, although he has said he does not wish to attend court or be represented. 9.PF1 and PF2 were parties to the proceedings in Country A in 2009, and the order which granted parental responsibility and custody to the applicants also granted it to them. PF1 has since died, and PF2 has said that whilst they support the making of the order they do not wish to participate in these proceedings. For that reason I have decided not to join PF2 as a party. Any parental responsibility PF2 has had will have come to an end on K’s 18th birthday. 10.The parties to the proceedings are thus the applicants and the local authority. There remains the question as to whether the birth mother should be joined.