Z & Z, Re

Mrs. Z was habitually resident in England and Wales for the relevant period, the Brazilian adoption was lawful and substantially conformed to English adoption law, and there were no public policy reasons against recognition; therefore, the court has jurisdiction and recognises the Brazilian adoption.

Parties: Applicant: Mrs. Z; Applicant: Mr. Z; Respondent: County Council; Respondent: Children's Guardian
Jurisdiction: England and Wales
Judgment Date: 22 January 2013
Procedural Posture: Adoption Recognition and Subsequent Adoption / Judgment on Recognition Application
Outcome: Declaration granted; Brazilian adoption recognised.
Legal Topics: Recognition of Foreign Adoption, Habitual Residence, Jurisdiction, Public Policy, Best Interests of the Child

Family Law Adoption Law Private International Law Recognition of Foreign Adoption Habitual Residence Jurisdiction Public Policy Best Interests of the Child

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Parties

Mrs. Z

Applicant

Mr. Z

Applicant

County Council

Respondent

Children's Guardian

Respondent

Procedural Posture

Adoption Recognition and Subsequent Adoption / Judgment on Recognition Application

Legal Issues

1 Does the court have jurisdiction to recognise the Brazilian adoption under s.57 Family Law Act 1986?
2 Does Mrs. Z meet the habitual residence requirement?
3 Does the Brazilian adoption substantially conform to English adoption law?

Ratio Decidendi

Court Disposition

Declaration granted; Brazilian adoption recognised.

Orders

The Brazilian adoption orders in relation to A and B are recognised under English law.
Mrs. Z is recognised as the children's parent in English law.