G, Re

G, Re

The Brazilian adoption orders for D and E were lawfully obtained, substantially conform to the English concept of adoption, and there is no public policy reason to refuse recognition; therefore, the adoptions should be recognised under English law and a declaration of status made under section 57 Family Law Act 1986, with procedural requirements regarding notice to the Attorney General dispensed with in this case.

Parties
Applicant: AG; Applicant: RG; Child: D; Child: E; Child: F; Birth Parent: Mr. S; Birth Parent: Ms. T; Potential Intervener: Attorney General; Potential Intervener: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Family / Judgment on Recognition of Foreign Adoption and Declaration of Status
Outcome
Recognition of Brazilian adoption orders for D and E; declaration of status to be made unless Attorney General intervenes.
Legal Topics
Recognition of Foreign Adoption, Declarations of Status, Inherent Jurisdiction, Public Policy, Immigration Consequences of Adoption
Family Law Private International Law Recognition of Foreign Adoption Declarations of Status Inherent Jurisdiction Public Policy Immigration Consequences of Adoption

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Parties

AG

Applicant

RG

Applicant

D

Child

E

Child

F

Child

Mr. S

Birth Parent

Ms. T

Birth Parent

Attorney General

Potential Intervener

Cafcass Legal

Potential Intervener

Procedural Posture

Family / Judgment on Recognition of Foreign Adoption and Declaration of Status

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 the Attorney General can be dispensed with

Ratio Decidendi

The Brazilian adoption orders for D and E were lawfully obtained, substantially conform to the English concept of adoption, and there is no public policy reason to refuse recognition; therefore, the adoptions should be recognised under English law and a declaration of status made under section 57 Family Law Act 1986, with procedural requirements regarding notice to the Attorney General dispensed with in this case.

Court Disposition

Recognition of Brazilian adoption orders for D and E; declaration of status to be made unless Attorney General intervenes.

Orders

  • Recognition of the adoptions of D and E in Brazil in October 2013 under English law.
  • Dispensation with the requirement to notify the Attorney General one month before the section 57 application.