ECHR Sweden – adoption of a child granted to mother’s husband, without the consent of the natural father (Chapter 4, section 6, of the Parental Code)
ARTICLE 8 OF THE CONVENTION
Not disputed that there existed certain ties between the applicant father and his daughter M. – in the light of this, and bearing in mind that the parties’ arguments centred on issue of compliance with Article 8, the Court proposed to proceed on the basis that it was applicable – on this assumption, the adoption order amounted to an interference with his right to respect for family life under Article 8-1.
Not doubted that adoption ‘in accordance with the law’ and pursued legitimate aim of protecting child’s rights and freedoms – it remained to be considered whether it was ‘necessary in a democratic society’.
While adoption in the present case, like the contested measures in the Johansen v. Norway case, had the legal effect of totally depriving the applicant of family life with his daughter, the context differed significantly – accordingly, it was inappropriate in the present case to apply the approach employed in the Johansen judgment.
Furthermore, during the period under consideration, the contacts between the applicant and the child had been infrequent and limited in character and when the adoption was granted he had not seen her for quite some time.
Moreover, when the adoption was granted by the District Court in December 1989, de facto family ties had existed between the mother and the adoptive father for five and a half years, until they married in January 1989, and between him and M. for six and a half years – the adoption had consolidated and formalised those ties.
Against this background, the decision fell within the margin of appreciation – given the aims sought to be achieved by allowing the adoption to go ahead, it could not be said that adverse effects on applicant’s relations with the child had been disproportionate.
Conclusion: no violation (unanimously).
24484/94, [1998] ECHR 103, [1999] 1 FLR 250, [1999] Fam LR 104, [1999] Fam Law 87, (2000) 29 EHRR 95, [1998] HRCD 958
Worldlii, Bailii
European Convention on Human Rights 8
Human Rights
Cited by:
Approved – In re P (A Child) CA 15-Aug-2014
The court considered the proper approach to a proposed step-parent adoption. The step-father now appealed against refusal of an order.
Held: The application succeeded. When the adoption application was considered, the court had to be satisfied . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Adoption
Leading Case
Updated: 01 November 2021; Ref: scu.165689