T & Anor v OCC & Anor

T & Anor v OCC & Anor

The Nicaraguan adoption order is recognised as valid under English law, making M the legal mother of C. M and T qualify as a couple under Section 50 of the Adoption and Children Act 2002. The welfare of C requires the making of a joint adoption order in favour of M and T.

Parties
1st Applicant: T; 2nd Applicant: M; 1st Respondent: O. C. C.; 2nd Respondent: C
Jurisdiction
England and Wales
Judgment Date
13 May 2010
Procedural Posture
Adoption Application / Judgment
Outcome
Adoption order granted in favour of M and T.
Legal Topics
Adoption, Recognition of Foreign Adoption Orders, Same Sex Couple Adoption, Child Welfare
Family Law Adoption Recognition of Foreign Adoption Orders Same Sex Couple Adoption Child Welfare

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Parties

T

1st Applicant

M

2nd Applicant

O. C. C.

1st Respondent

C

2nd Respondent

Procedural Posture

Adoption Application / Judgment

Legal Issues

  1. 1 Whether M should be recognised as the legal mother of C by virtue of a Nicaraguan adoption order
  2. 2 Whether M and T qualify as a couple under Section 50 of the Adoption and Children Act 2002
  3. 3 Whether adoption is justified under Section 1 of the Adoption and Children Act 2002

Ratio Decidendi

The Nicaraguan adoption order is recognised as valid under English law, making M the legal mother of C. M and T qualify as a couple under Section 50 of the Adoption and Children Act 2002. The welfare of C requires the making of a joint adoption order in favour of M and T.

Court Disposition

Adoption order granted in favour of M and T.

Orders

  • Transcript of judgment to be obtained at joint and equal expense of applicants and guardian.
  • Adoption order made recognising M and T as adoptive parents of C.