R (a Child), Re [2012] EWHC 2956 (Fam) (24 October 2012)

The Indian adoption order is recognised because the adoptive father retained his domicile of origin in India, the Indian adoption process (after court recognition) substantially conformed to the English concept of adoption, and there were no public policy objections. The requirements for recognition of a foreign adoption as set out in Re T & M and Re Valentine's Settlement are satisfied.

Citation: [2012] EWHC 2956 (Fam)
Parties: 1st Applicant: Mrs KK; 2nd Applicant: Mr LK
Jurisdiction: England and Wales
Judgment Date: 24 October 2012
Procedural Posture: Application for Recognition of Foreign Adoption Order / Final Judgment After Hearing
Outcome: Indian adoption order recognised in England and Wales
Legal Topics: Recognition of Foreign Adoption, Domicile and Habitual Residence, Public Policy in Adoption, Kinship Adoption, Jurisdiction for Adoption Recognition

Family Law Private International Law Recognition of Foreign Adoption Domicile and Habitual Residence Public Policy in Adoption Kinship Adoption Jurisdiction for Adoption Recognition

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Parties

Mrs KK

1st Applicant

Mr LK

2nd Applicant

Procedural Posture

Application for Recognition of Foreign Adoption Order / Final Judgment After Hearing

Legal Issues

1 Whether the Indian adoption of child R by the applicants should be recognised in England and Wales
2 Whether the requirements for recognition of a foreign adoption are met, including domicile, conformity to English adoption concept, and public policy

Ratio Decidendi

Court Disposition

Indian adoption order recognised in England and Wales

Orders

Recognition of the Indian adoption order made in 2009 and recognised by the Indian Court on 4 August 2012