Seddon v Oldham Metropolitan Borough Council – WLR Daily

Posted October 2nd, 2015 in adoption, contact orders, human rights, law reports by tracey

Seddon v Oldham Metropolitan Borough Council; [2015] EWHC 2609 (Fam); [2015] WLR (D) 388

‘The making of an adoption order always brought to an end pre-existing rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms as between a birth parent and an adopted child, since those rights arose from, and co-existed with, the parent-child relationship which was extinguished by adoption. Furthermore, section 51A of the 2002 Act, as inserted, did not create or maintain an article 8 right as between a birth parent and an adopted child, nor was section 51A(4) incompatible with the Convention. However, a public body running a post-adoption letterbox service was obliged under article 8 to respect correspondence between a birth parent and an adopted child and adopters, the obligation arising from the nature of the correspondence and not from the former parent-child relationship.’

WLR Daily, 14th September 2015

Source: www.iclr.co.uk