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PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the cancellation of the investigation on 19 December 2023; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the anticipated acquisition by Adobe Inc. of Figma, Inc. The transaction involves horizontal overlaps in relation to the supply of screen design software. Latest developments On 19 December 2023, the CMA formally cancelled its phase 2 investigation after the parties decided to abandon the proposed transaction. Parties • Adobe Inc (Adobe): Adobe is a US company that is headquartered in San Jose. It is a significant supplier of creative design software. Creative design software is used to create media assets such as photos, illustrations, videos, and animations. There are different types of creative design software, including vector editing for logos, icons, etc; raster editing for photos and other point-based image editing; video editing involving video asset assembly; and motion design for animations such as motion graphics and visual effects. Adobe is the industry standard in most of its creative design
GLOSSARY
An adopted child is a child whose legal parent‑child relationship with their birth parents has been permanently replaced by a legal relationship with adoptive parent(s) through a court order. In practice, the adopted child is treated in law as the child of the adopter(s) for most purposes, including parental responsibility, day‑to‑day decision‑making, inheritance and many family law rights and obligations. In England and Wales and Northern Ireland, the concept is primarily governed by the Adoption and Children Act 2002 and the Adoption (Northern Ireland) Order 1987. In Scotland, the key legislation is the Adoption and Children (Scotland) Act 2007. In Ireland, it is governed by the Adoption Act 2010. Across all these jurisdictions, adoption generally extinguishes parental rights and responsibilities of the birth parents (subject to limited exceptions, for example in succession or citizenship contexts) and confers them on the adopters. The term “adopted child” is widely used in family law, education, health, immigration and succession work to distinguish the child’s legal status and to determine who holds parental responsibility, decision‑making authority and rights to financial provision or inheritance.
NEWS
The Home Office caseworker guidance for registering children as British citizens has been updated so that children adopted overseas by a British parent can more easily register as a British citizen. In general there is an expectation it is a recognised overseas adoption, but caseworkers would need to consider the welfare and best interests of the child in any case
GLOSSARY
The process whereby a person assumes the parenting of a child and in so doing permanently has transferred to them all rights and responsibilities from the original parent or parents.
PRACTICE NOTES
This Practice Note sets out the general principles applied by the court in adoption proceedings commenced by step-parents including the effect of an adoption order and the legal framework for a step-parent adoption order, the conditions to be met prior to the application and the procedure to be followed. Acquisition of parental responsibility by step-parents A step-parent who wishes to acquire parental responsibility for a step-child with whom they are living may do so by: • entering into a parental responsibility agreement or obtaining an order for parental responsibility—see Practice Note: Acquisition of parental responsibility by step-parents and others • being named in a child arrangements order (CAO) as a person with whom the chid is to live, as a consequence of which they would have parental responsibility for the child while the order remains in force so far as providing for the child to live with them • becoming a special guardian, although this will enable the step-parent to exercise parental responsibility to the exclusion of all other parents with parental responsibility and so would not usually be appropriate
PRECEDENTS
This document provides general guidance regarding applications for adoption by step-parents. Your family lawyer will be able to provide specific advice based on your circumstances. Why might a step-parent want to apply for an adoption order? Parental responsibility is defined in law by the Children Act 1989 as: ‘…all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ People with parental responsibility are entitled to have a say in major decisions about the child, such as (but not limited to) where the child should live or go to school, the giving or withholding of medical treatment and what religion they should practise. An adoption order transfers parental responsibility to the adopter—the step-parent—and they will share this parental responsibility with their partner—the child’s birth parent. An adoption order changes the child’s legal status. The adoption order undoes all the legal ties with the child’s other birth parent. The court will only make such an order once it has made extensive enquiries and only if it considers
PRACTICE NOTES
An employee intending to adopt a child under 18 may be eligible to take up to three different kinds of statutory leave: • ordinary and additional adoption leave • paternity leave (see Practice Note: Paternity leave and pay) • shared parental leave (see Practice Note: Shared parental leave (adoption)) However, one adopting parent may not take all three types of leave. Depending on the circumstances, parents adopting a baby may also be eligible for: • statutory parental bereavement leave and pay (see Practice Note: Parental bereavement leave and pay) • statutory neonatal care leave and pay (see Practice Note: Neonatal care leave and pay) This Practice Note considers statutory adoption leave under the Employment Rights Act 1996 (ERA 1996) and the Paternity and Adoption Leave Regulations 2002 (PAL Regulations 2002), SI 2002/2788. For information on statutory adoption pay (SAP), see Practice Note: Statutory adoption pay. Where both parents are adopting the child, they must elect which of them is to be the 'adopter', as defined in PAL Regulations 2002, SI 2002/2788. In order to take adoption
GLOSSARY
An individual's statutory right to take adoption leave in circumstances where he or she has adopted a child and fulfils the requirements of the Paternity and Adoption Leave (Amendment) Regulations 2008.
GLOSSARY
An adoption order provides for a person or persons to assume the parenting of a child. Such an order permanently transfers to the adopter(s) all rights and responsibilities from the original parent or parents. Following the making of an adoption order the adopters are regarded as the child's legal parents.
PRACTICE NOTES
This Practice Note explains the procedure for making and determining an application for an adoption order, including the final hearing and arrangements for the attendance and anonymity of prospective adopters. It also explains the legal effect of an adoption order and the limited circumstances in which an adoption order may be revoked or set aside. For further practical guidance on adoption, see Practice Notes: • General principles—adoption • Adoption—placement orders • Contact orders in adoption • Adoption orders—eligibility and pre-application requirements, and • Adoption orders—conditions, consent and contested applications Application and final hearing With effect from 18 May 2023, the Family Procedure Rules 2010 (FPR 2010), namely FPR 2010, PD 41E (Procedure for using an online system to complete and file certain applications for an adoption order), made permanent provision for applications to be made via the HM Courts and Tribunals Service online system replacing the pilot under FPR 2010, PD 36ZB. For further guidance, see Practice Note: Online public law children proceedings. The prospective adopter, whether in an agency or non-agency case,
PRACTICE NOTES
This Practice Note explains the conditions that must be satisfied before an adoption order may be made, including parental consent, dispensation with consent and applications by a parent for leave to oppose an adoption order. It also considers unmarried fathers and the wider family, the child's welfare, contact and restrictions on removal of a child from prospective adopters. For further practical guidance on adoption, see Practice Notes: • General principles—adoption • Adoption—placement orders • Contact orders in adoption • Adoption orders—eligibility and pre-application requirements, and • Adoption orders—application, final hearing, effect and revocation Conditions to be satisfied ‘Parent’ for the purpose of the conditions that must be satisfied means only those with parental responsibility and one of three conditions must be satisfied before the court considers an application to adopt. The three conditions are: Condition one The first condition is that for each parent or guardian of the child the court must be satisfied that either: • they consent to an adoption order being made, see: Consent • they have given advance consent, which has not
PRACTICE NOTES
This Practice Note explains the eligibility and pre-application requirements for adoption orders, including who can be adopted and who can adopt, the required period of living with the applicant and the requirements applying to agency and non-agency cases. It also covers adoption agency and panel procedure, notice to the local authority, visits to the placement and court reports. For further practical guidance on adoption, see Practice Notes: • General principles—adoption • Adoption—placement orders • Contact orders in adoption • Adoption orders—conditions, consent and contested applications, and • Adoption orders—application, final hearing, effect and revocation Adoption applications generally arise in three situations: • where the child is the subject of a placement order, usually in the context of care proceedings, see Practice Notes: Adoption—placement orders, Public law children procedure—Public Law Outline: overview and key principles, Public law children procedure—commencing proceedings under the Public Law Outline, Public law children procedure—case management under the Public Law Outline and Public law children procedure—extensions to the timetable and withdrawal of proceedings • where a child is placed for adoption with parental