An adoption application is not ordinary litigation with a plaintiff and a defendant. Section 11 of the Adoption of Children Act (Chapter 275) deals with who else may take part.
Where an application is made to the Court for an order for the adoption of a child, the Court may permit such persons as it thinks fit to be joined as parties to the proceedings for the purpose of —
(a) opposing the application; or
(b) opposing an application to dispense with the consent of a person.
Who starts as a party
An adoption application is brought by the prospective adopters — a husband and wife jointly under section 7(1), or one person on exceptional circumstances under section 7(2).
Nobody else is automatically a party. That is deliberate: the whole scheme protects the anonymity of the applicants from the birth family. Section 10(2) forbids a notice to name or identify them, and section 14 requires the identifying documents to be sealed.
The Director is not a party either, but under section 66 the Director may appear at hearings — and under section 9(1) no order may be made unless the Director has made a written report.
Joinder is for a limited purpose
| Purpose | Who typically seeks it |
|---|---|
| (a) Opposing the application | A parent or guardian who has not consented; a relative or carer with whom the child lives |
| (b) Opposing an application to dispense with consent | The person whose consent the applicants or the Director seek to dispense with under s 21 |
Section 11 permits joinder to oppose — not to seek an order in one’s own favour. A relative who wants the child themselves cannot use section 11 to make a competing adoption application; they must bring their own.
What they can do is resist. And in practice, resisting an adoption is often the point: an order under section 28 permanently ends the child’s legal relationship with the birth family.
Section 21 allows the Court to dispense with the consent of a person on five grounds — including that the person has abandoned, deserted or persistently neglected or ill-treated the child, or has for not less than one year failed without reasonable cause to discharge the obligations of a parent or guardian.
Those are serious allegations. Section 11(b) ensures the person accused can appear and answer them, rather than losing their child’s status in their absence.
Section 21(2) allows a dispensation order to be made before any adoption application, on the Director’s application — and section 21(3) allows the person whose consent was dispensed with to apply to have that order revoked at any time before an adoption order is made.
How joinder happens in practice
1. Notice. Section 10(1) requires at least 14 days’ notice to a person whose consent is required but not given, and to a person with whom the child resides or who has care or custody.
2. Application to be joined. The person applies to the Court under section 11.
3. The Court’s discretion. The Court may permit such persons as it thinks fit — a discretion exercised under section 5, the welfare and interest of the child being paramount.
4. The hearing. In camera under section 62, with the applicants’ identity protected.
Section 10(3) allows the Court, on written application, to dispense with notice. A person who never receives notice cannot apply under section 11.
The counterweight is section 10(4): where it appears necessary in the interests of justice, the Court may direct that notice be given to any person — including someone section 10(1) does not cover, such as the natural father of an illegitimate child, whose consent is not required under section 15(2)(b).
Where an order has already been made and a consent was obtained by fraud, duress or other improper means, the remedy is discharge under section 13 — but only the Director or the Attorney-General may apply, and the Court will not discharge an order if doing so would be prejudicial to the child’s welfare and interests.
Sources
- Adoption of Children Act (Chapter 275) — ss 5, 7, 9–11, 13, 14, 15, 21, 28, 62, 66
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.