Daniel Sheridan acted for the Children’s Guardian in care and adoption proceedings in the Family Court. These proceedings considered, inter alia, the need to look at special guardianship, as opposed to adoption, when care planning for children who, because of cultural or religious factors, could not be adopted.

In English law, an adoption order has the effect of making the adopted child, for all purposes the child of the adopters. There undoubtedly are observant Muslims who are prepared to accept the idea of adoption, in the same way that there are undoubtedly Roman Catholics who accept the laws of divorce. But it must plainly be right to respect the view of any devout Muslim, who says in the face of that teaching contained in the Qur’an that adoption as understood in English law is unacceptable.

Whilst the above principles were fairly rehearsed and considered by the Court, there was no Special Guardianship application before the Court in these proceedings, such that the Court could consider an application.