A (Foreign Adoption Recognition)

A (Foreign Adoption Recognition)

The Philippine adoption order for B meets all four requirements for recognition under English law: the applicants were domiciled in the Philippines at the time of adoption; the adoption was lawfully effected under Philippine law; it has the same essential characteristics as an English adoption; and there is no public policy reason to refuse recognition.

Parties
Applicant: Mrs A; Applicant: Mr A; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Originating Application / Judgment
Outcome
Declaration granted; foreign adoption order recognised.
Legal Topics
Recognition of Foreign Adoption, Public Policy, Domicile, Effect of Foreign Adoption Orders
Family Law Adoption Law Private International Law Recognition of Foreign Adoption Public Policy Domicile Effect of Foreign Adoption Orders

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Parties

Mrs A

Applicant

Mr A

Applicant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Originating Application / Judgment

Legal Issues

  1. 1 Whether the Philippine adoption order for B should be recognised under English law
  2. 2 Whether the four requirements for recognition of foreign adoption are met
  3. 3 Whether there is any public policy reason to refuse recognition

Ratio Decidendi

The Philippine adoption order for B meets all four requirements for recognition under English law: the applicants were domiciled in the Philippines at the time of adoption; the adoption was lawfully effected under Philippine law; it has the same essential characteristics as an English adoption; and there is no public policy reason to refuse recognition.

Court Disposition

Declaration granted; foreign adoption order recognised.

Orders

  • The Philippine adoption order for B is recognised under English law.