Conclusion
46.Ms Fottrell and Ms Magennis, in their written and oral submissions, have made clear that neither applicant seeks to disrupt or set aside their adoption; there are neither legal grounds nor factual reasons for doing so in either case. Indeed, both applicants had generally positive experiences of adoption and have no wish to expunge that important aspect of their lives. What each seeks to do, through their applications, is to correct the historical record on their original birth certificates, so as to add to that document the name and identity of their birth father and thus formally complete their birth history. The bloodline connection is important to them both “in terms of both [their] long-term psychological and material welfare” (see §16 above). Materially both applicants have been able, through their researches, to identify shared personality characteristics with their birth fathers and families, and wish this now to be validated.47.I have no doubt that for both of these applicants, it is a matter of very considerable personal importance that they are able to achieve legal recognition of their birth parentage. Such a declaration would represent both an acknowledgment of their true identity, and a degree of stability in that identity; I accept the case for Ms L and Ms M that such an order would permit and encourage the nurturing of family relationships with their newly found paternal families and would go some way – as Ms L explained – to:“… remedy the ‘broken connection’ of being an adopted child without a named birth father.”48.With regard to the important issue identified at §1(a) above, I am satisfied that Ms L and Ms M have properly made this application under section 55A FLA 1986 and that the grant of the declaration which they seek is not contra-indicated by the fact that they had been adopted as infants, even though by that process they assumed a legal status so clearly defined by statute and explained by the judges to whom I have earlier made reference (§29 above). I am satisfied that the applications here, brought by adult adoptees, where no question of breach of confidentiality of a current adoptive placement arises, can be distinguished from that which obtained in Re H No.1 & 2 where the confidentiality of the placement would have been imperilled by the process of determining the application; there is therefore no public policy argument engaged here, as there was before MacDonald J. I am further satisfied that there is nothing in section 55A of the FLA 1986 (nor in Schedule 1 of the ACA 2002) which contra-indicates a declaration of parentage after an adoption order has been granted. I am equally clear that re-registration of a birth in these circumstances is permitted under the BDRA 1953. 49.With regard to §1(b) above, in each case (see §19 above for Ms L and §22-23 for Ms M) I can confirm that it has been “proved to the satisfaction of the court” (section 58 FLA 1986) that the man identified as the birth father, respectively PJ for Ms L and BH for Ms M, is indeed their birth father. In those circumstances, I am enjoined to “make that declaration unless to do so would manifestly be contrary to public policy”. As earlier indicated, there is no public policy reason for not making that declaration in in the instant cases. 50.I shall make the declaration of parentage in each case accordingly. 51.Finally, with regard to §1(c), it follows that the ground is now properly laid for the Registrar General to be notified of these declarations so that the original birth certificates can, as appropriate, be amended to include the name of the birth fathers. This can be done, I am satisfied, without negating or otherwise affecting the adoptive status of each applicant. The original birth certificates will again be annotated with the reference to the fact that the subject child (in each case the applicant) was indeed adopted. I am satisfied that these orders do not have the effect of controverting or undermining the validity or integrity of the later adoption certificates which will continue to exist unamended; in short, the adoption certificates continue to confirm the legal status of parentage many years ago, whereas the original birth certificates relate to the factual and biological evidence of the applicants’ parentage.Orders52.I shall therefore order that a copy of this declaration, and in each case the application, shall be sent to the Registrar General for Births and Deaths within 21 days so that consideration may be given to the re-registration of their original birth certificates as provided for herein under the BDRA 1953, section 14A.53.That is my judgment.1 For reasons explained later in this judgment, it is necessary to consider carefully the impact of section 67(1)/(3) Adoption and Children Act 2002 below – an adopted child is to be treated in law as if born the child of the adopters, and not being the child of any person other than the adopters.2 Joining remotely on a video platform; cameras switched off; identities concealed.3 For full citation see below.
- Approved Judgment
- The Honourable Mr Justice Cobb:
- Procedural issues
- Ms L: the facts
- Ms M: the facts
- The legal issues discussed
- any person
- for a declaration as to whether or not a person named in the application is or was the parent of another person so named
- that the applicant has a sufficient personal interest in the determination of the application
- Where a declaration is made by a court on an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration
- the court shall make that declaration unless to do so would manifestly be contrary to public policy
- as if born as the child of the adopters or adopter
- as not being the child of any person other than the adopters or adopter
- to extinguish any parental responsibility of the natural parents
- Once an adoption order has been made the adopted child ceases to be the child of his previous parent and becomes the child for all purposes of the adopters as though he were their legitimate child
- fact
- legal
- The legal status of an individual in society should be spelled out accurately and in clear terms and recorded in properly maintained records
- Conclusion
