T & Anor v OCC & Anor [2010] EWHC 964 (Fam) (13 May 2010)

T & Anor v OCC & Anor [2010] EWHC 964 (Fam) (13 May 2010)

The Nicaraguan adoption order is recognised under English law as it was lawfully made, substantially conforms to the English concept of adoption, and is not contrary to public policy. M and T qualify as a couple under the Adoption and Children Act 2002. All procedural and welfare requirements are satisfied, so the adoption order must be made.

Citation
[2010] EWHC 964 (Fam)
Parties
1st Applicant: T; 2nd Applicant: M; 1st Respondent: O. C. C.; 2nd Respondent: C (a child)
Jurisdiction
England and Wales
Judgment Date
13 May 2010
Procedural Posture
Adoption Application / Judgment After Final Hearing
Outcome
Adoption order granted in favour of T and M.
Legal Topics
Adoption, Recognition of Foreign Adoption Orders, Same Sex Couples and Adoption, Child Welfare
Family Law Adoption Recognition of Foreign Adoption Orders Same Sex Couples and Adoption Child Welfare

Case Brief

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Parties

T

1st Applicant

M

2nd Applicant

O. C. C.

1st Respondent

C (a child)

2nd Respondent

Procedural Posture

Adoption Application / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the Nicaraguan adoption order should be recognised under English law
  2. 2 Whether M and T are a 'couple' within the meaning of Section 50 of the Adoption and Children Act 2002
  3. 3 Whether adoption is justified by the criteria of Section 1 of the 2002 Act

Ratio Decidendi

The Nicaraguan adoption order is recognised under English law as it was lawfully made, substantially conforms to the English concept of adoption, and is not contrary to public policy. M and T qualify as a couple under the Adoption and Children Act 2002. All procedural and welfare requirements are satisfied, so the adoption order must be made.

Court Disposition

Adoption order granted in favour of T and M.

Orders

  • Recognition of Nicaraguan adoption order in favour of M as mother of C under English law.
  • Adoption order made in favour of T and M jointly for C.