G, Re [2014] EWHC 2605 (Fam) (29 July 2014)

G, Re [2014] EWHC 2605 (Fam) (29 July 2014)

The Brazilian adoption orders for D and E were lawfully made, substantially conform to the English concept of adoption, and there is no public policy reason to refuse recognition. The court recognises the adoptions at common law and will make a declaration under section 57 Family Law Act 1986, dispensing with prior notice to the Attorney General due to the circumstances of the case.

Citation
[2014] EWHC 2605 (Fam)
Parties
Applicants: AG and RG (Mr. and Mrs. G); Children/applicants (in Declaration Proceedings): D and E (children); Potential Intervener: Attorney General
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Family Law Recognition of Foreign Adoption / Judgment on Application for Recognition and Declaration of Foreign Adoption Order
Outcome
Application granted; Brazilian adoption orders recognised; declaration to be made subject to Attorney General's opportunity to intervene.
Legal Topics
Recognition of Foreign Adoption, Declarations of Status, Inherent Jurisdiction, Public Policy in Adoption, Immigration Consequences of Adoption, Role of Attorney General in Family Proceedings
Family Law Private International Law Recognition of Foreign Adoption Declarations of Status Inherent Jurisdiction Public Policy in Adoption Immigration Consequences of Adoption Role of Attorney General in Family Proceedings

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Parties

AG and RG (Mr. and Mrs. G)

Applicants

D and E (children)

Children/applicants (in Declaration Proceedings)

Attorney General

Potential Intervener

Procedural Posture

Family Law Recognition of Foreign Adoption / Judgment on Application for Recognition and Declaration of Foreign Adoption Order

Legal Issues

  1. 1 Whether Brazilian adoption orders for D and E should be recognised under English law
  2. 2 Whether a declaration of status should be made under section 57 Family Law Act 1986
  3. 3 Whether procedural requirements regarding notice to Attorney General can be dispensed with

Ratio Decidendi

The Brazilian adoption orders for D and E were lawfully made, substantially conform to the English concept of adoption, and there is no public policy reason to refuse recognition. The court recognises the adoptions at common law and will make a declaration under section 57 Family Law Act 1986, dispensing with prior notice to the Attorney General due to the circumstances of the case.

Court Disposition

Application granted; Brazilian adoption orders recognised; declaration to be made subject to Attorney General's opportunity to intervene.

Orders

  • Recognition of Brazilian adoption orders for D and E under English law
  • Dispensation with requirement to notify Attorney General in advance