Re A and B and the Adoption of Children Act (1965)

The case before the court involved applicants A and B, the maternal grandparents of a child, seeking to adopt their grandchild under the provisions of the Adoption of Children Act (1965). The child's parents had consented to the adoption, but the welfare officer appointed by the court had opposed the application. The primary legal issue for the court was whether the general rule against intra-familial adoption orders could be set aside due to exceptional circumstances.

The court considered the welfare of the child as the paramount concern. It noted that while the general rule was against intra-familial adoptions, this rule was not absolute. The court examined the exceptional circumstances, including the close relationship between the child and the applicants, and the fact that the parents had consented. The welfare officer's concerns were also taken into account, but the court found that the benefits of the adoption to the child outweighed the potential drawbacks. The court concluded that the exceptional circumstances justified making an adoption order in this case.

Given the findings, the court made an adoption order in favour of the applicants. The decision recognised that while intra-familial adoptions are generally discouraged, exceptional circumstances could warrant an exception to the rule, particularly when the welfare of the child is at stake. The court's decision underscored the importance of considering the unique aspects of each case when applying the general rule.