SL (A Child) (Adoption : Home In Jurisdiction)
The court held that the requirements of section 13(2) and section 13(3)(b) of the Adoption Act 1976 are separate and independent; the applicant's 'home' for section 13(2) does not need to be in England or Wales, provided the local authority had sufficient opportunity to see the child in the home environment in England or Wales for section 13(3)(b).
- Parties
- Applicant: Ms H; Child: SL; Legal Guardian: Director of Social Welfare of Hong Kong
- Jurisdiction
- England and Wales
- Judgment Date
- 28 May 2004
- Procedural Posture
- Adoption / Final Judgment
- Outcome
- Adoption order granted
- Legal Topics
- Adoption, Jurisdiction, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ms H
Applicant
SL
Child
Director of Social Welfare of Hong Kong
Legal Guardian
Procedural Posture
Adoption / Final Judgment
Legal Issues
- 1 Does the English court have jurisdiction to make an adoption order when the applicant relocates to Scotland after filing?
- 2 Are the requirements of section 13 of the Adoption Act 1976 satisfied when the applicant's home is outside England or Wales at the time of hearing?
Ratio Decidendi
The court held that the requirements of section 13(2) and section 13(3)(b) of the Adoption Act 1976 are separate and independent; the applicant's 'home' for section 13(2) does not need to be in England or Wales, provided the local authority had sufficient opportunity to see the child in the home environment in England or Wales for section 13(3)(b).
Court Disposition
Adoption order granted
Orders
- Adoption order made in favour of Ms H for SL
- Dispensation with parental agreement due to inability to locate parents
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment