G (A Child) (No. 2) [2008] EWCA Civ 105 (19 March 2008)

G (A Child) (No. 2) [2008] EWCA Civ 105 (19 March 2008)

The court held that the correspondence from the American Adoption Agency was sufficient to satisfy the requirements of Regulation 10(b)(iv) and 10(c) of the Adoptions with a Foreign Element Regulations 2005, and therefore dismissed the mother's appeal against the adoption order.

Parties
Appellant: MM; 1st Respondent: Mr and Mrs C; 2nd Respondent: A Local Authority; 3rd Respondent: AG; 4th Respondent: G by her Children's Guardian
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Appeal / Judgment After Adjournment for Further Evidence
Outcome
Appeal dismissed
Legal Topics
International Adoption, Adoption With a Foreign Element, Compliance With Adoption Regulations, Appeal Procedure
Family Law Adoption International Adoption Adoption With a Foreign Element Compliance With Adoption Regulations Appeal Procedure

Case Brief

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Parties

MM

Appellant

Mr and Mrs C

1st Respondent

A Local Authority

2nd Respondent

AG

3rd Respondent

G by her Children's Guardian

4th Respondent

Procedural Posture

Appeal / Judgment After Adjournment for Further Evidence

Legal Issues

  1. 1 Whether the requirements of paragraph 10(b)(iv) and 10(c) of the Adoptions with a Foreign Element Regulations 2005 were satisfied for the adoption of a child to proceed to the United States

Ratio Decidendi

The court held that the correspondence from the American Adoption Agency was sufficient to satisfy the requirements of Regulation 10(b)(iv) and 10(c) of the Adoptions with a Foreign Element Regulations 2005, and therefore dismissed the mother's appeal against the adoption order.

Court Disposition

Appeal dismissed

Orders

  • Permission granted to local authority and guardian to adduce fresh evidence in the form of recent correspondence with the American Adoption Agency.
  • Mother's appeal against the judge's order of 1 February 2008 dismissed.