R (a Child), Re

R (a Child), Re

The Indian adoption order is recognised because the adoptive father is domiciled in India, the adoption process in India substantially conforms to the English concept, and there are no public policy objections.

Parties
Applicant: Mrs KK; Applicant: Mr LK
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Adoption Recognition / Final Judgment
Outcome
Indian adoption order recognised in UK jurisdiction
Legal Topics
Recognition of Foreign Adoption, Domicile, Habitual Residence, Public Policy, Kinship Adoption
Family Law International Law Recognition of Foreign Adoption Domicile Habitual Residence Public Policy Kinship Adoption

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Parties

Mrs KK

Applicant

Mr LK

Applicant

Procedural Posture

Adoption Recognition / Final Judgment

Legal Issues

  1. 1 Whether the Indian adoption of child R should be recognised in the UK jurisdiction
  2. 2 Whether the requirements of Re Valentine's Settlement are met
  3. 3 Whether the Indian adoption substantially conforms to the English concept of adoption

Ratio Decidendi

The Indian adoption order is recognised because the adoptive father is domiciled in India, the adoption process in India substantially conforms to the English concept, and there are no public policy objections.

Court Disposition

Indian adoption order recognised in UK jurisdiction

Orders

  • Recognition of Indian adoption order dated 4th August 2012
  • Child R's lawful entry into the UK permitted