N (A Child), Re

N (A Child), Re

GS was still domiciled in India at the time of the 2011 adoption; the Indian adoption was valid and substantively equivalent to English adoption; there were no public policy objections; thus, the Indian adoption is recognised in English law. Further, it is manifestly in N's best interests for an adoption order to be made under the 2002 Act, and objections based on immigration policy or process circumvention do not override the statutory welfare test.

Parties
Applicant: GS; First Respondent: SS; Second Respondent: PM; Third Respondent: The Secretary of State for the Home Department; Fourth Respondent: N (through her solicitor as litigation friend)
Jurisdiction
England and Wales
Judgment Date
01 December 2016
Procedural Posture
Family/adoption / Final Judgment on Applications for Recognition of Foreign Adoption and for an Adoption Order
Outcome
Both applications granted: declaration of recognition of Indian adoption and adoption order under the Adoption and Children Act 2002 made.
Legal Topics
Recognition of Foreign Adoption, Domicile and Habitual Residence, Best Interests of the Child, Public Policy in Adoption, Immigration Consequences of Adoption, Article 8 ECHR (family Life)
Family Law Private International Law Immigration Law Recognition of Foreign Adoption Domicile and Habitual Residence Best Interests of the Child Public Policy in Adoption Immigration Consequences of Adoption +1 more

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Parties

GS

Applicant

SS

First Respondent

PM

Second Respondent

The Secretary of State for the Home Department

Third Respondent

N (through her solicitor as litigation friend)

Fourth Respondent

Procedural Posture

Family/adoption / Final Judgment on Applications for Recognition of Foreign Adoption and for an Adoption Order

Legal Issues

  1. 1 Whether the Indian adoption of N by GS should be recognised in English law
  2. 2 Whether GS was domiciled in India at the time of adoption
  3. 3 Whether the process and substance of the Indian adoption meet English requirements for recognition

Ratio Decidendi

GS was still domiciled in India at the time of the 2011 adoption; the Indian adoption was valid and substantively equivalent to English adoption; there were no public policy objections; thus, the Indian adoption is recognised in English law. Further, it is manifestly in N's best interests for an adoption order to be made under the 2002 Act, and objections based on immigration policy or process circumvention do not override the statutory welfare test.

Court Disposition

Both applications granted: declaration of recognition of Indian adoption and adoption order under the Adoption and Children Act 2002 made.

Orders

  • Declaration that English law recognises the Indian adoption of N by GS in October 2011.
  • Adoption order made under the Adoption and Children Act 2002 in favour of GS in respect of N.