A (Foreign Adoption Recognition) [2018] EWHC 3468 (Fam) (05 November 2018)

A (Foreign Adoption Recognition) [2018] EWHC 3468 (Fam) (05 November 2018)

The requirements for recognition of the Philippine adoption order under s.66(1)(e) Adoption and Children Act 2002 and common law are satisfied: the applicants were domiciled in the Philippines at the time, the adoption was lawful and rigorous under Philippine law, the adoption is substantively equivalent to an English adoption, and there is no public policy reason to refuse recognition.

Citation
[2018] EWHC 3468 (Fam)
Parties
1st Applicant: Mrs A; 2nd Applicant: Mr A; Interested Party: Secretary of State for the Home Department (SSHD)
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Application for Recognition of Foreign Adoption Order / Judgment After Hearing
Outcome
Application granted; declaration of recognition of the Philippine adoption order made.
Legal Topics
Recognition of Foreign Adoption, Domicile, Public Policy in Adoption Recognition, Adoption and Children Act 2002 S.66, Hague Convention on Intercountry Adoption
Family Law Private International Law Recognition of Foreign Adoption Domicile Public Policy in Adoption Recognition Adoption and Children Act 2002 S.66 Hague Convention on Intercountry Adoption

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Parties

Mrs A

1st Applicant

Mr A

2nd Applicant

Secretary of State for the Home Department (SSHD)

Interested Party

Procedural Posture

Application for Recognition of Foreign Adoption Order / Judgment After Hearing

Legal Issues

  1. 1 Whether the Philippine adoption order of 2006 should be recognised in England and Wales under s.66(1)(e) Adoption and Children Act 2002
  2. 2 Whether the requirements for recognition at common law are met
  3. 3 Whether there is any public policy reason to refuse recognition

Ratio Decidendi

The requirements for recognition of the Philippine adoption order under s.66(1)(e) Adoption and Children Act 2002 and common law are satisfied: the applicants were domiciled in the Philippines at the time, the adoption was lawful and rigorous under Philippine law, the adoption is substantively equivalent to an English adoption, and there is no public policy reason to refuse recognition.

Court Disposition

Application granted; declaration of recognition of the Philippine adoption order made.

Orders

  • Recognition of the 2006 Philippine adoption order relating to B as an adoption recognised by the law of England and Wales.