The Family Court has ruled that a man’s adoption application for his stepson can go ahead despite his failure to give the required notification. The emotional and psychological consequences of a refusal would be enormous. 

Case Background 

The stepfather made the application two days before his stepson’s eighteenth birthday. Both the stepson and his mother supported the move. The natural father initially opposed it but withdrew his opposition shortly before the court hearing. The local authority was notified of the application on the day it was made. 

Legal Considerations 

The issue was whether the three-month notice period required by law was “imperative or directory.” Judge Mostyn ruled that the notice was directory rather than imperative. The failure to comply with the requirement had not prejudiced any party or the court, nor had it impeded the local authority’s preparation of reports. The non-compliance was accidental and not in bad faith. 

Court’s Decision 

The court recognized the enormous spiritual, social, and psychological significance of formalizing the stepfather’s role. The adoption order would formalize the ‘de facto fatherhood’ and was supported by all relevant parties. Therefore, the application could proceed despite the late notification. 

For more information or advice on family law matters, readers are encouraged to contact the legal team at southgate solicitors at 02080040065 or [email protected]. It’s important to note that the content of this article is general information and not legal advice, and readers should seek independent expert advice for their specific situations. Our experienced team at southgate solicitors is here to provide expert guidance and support.