PD v MD [2008] EWHC 403 (Fam) (03 March 2008)

PD v MD [2008] EWHC 403 (Fam) (03 March 2008)

The Indian adoption orders were made in accordance with rigorous procedures under the law of the adopters' domicile, are irrevocable, and there are no public policy reasons to refuse recognition; therefore, the adoptions are recognised in England and Wales under section 66(1)(e) of the Adoption and Children Act 2002.

Citation
[2008] EWHC 403 (Fam)
Parties
Applicant: P D; Applicant: M D
Jurisdiction
England and Wales
Judgment Date
03 March 2008
Procedural Posture
Application for Recognition of Foreign Adoption Orders / Judgment on Application
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption Orders, Adoption and Children Act 2002, Hindu Adoption and Maintenance Act 1956, Parental Responsibility, Immigration Consequences of Adoption
Family Law Private International Law Recognition of Foreign Adoption Orders Adoption and Children Act 2002 Hindu Adoption and Maintenance Act 1956 Parental Responsibility Immigration Consequences of Adoption

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Parties

P D

Applicant

M D

Applicant

Procedural Posture

Application for Recognition of Foreign Adoption Orders / Judgment on Application

Legal Issues

  1. 1 Whether Indian domestic adoption orders should be recognised as adoptions in England and Wales under section 66(1)(e) of the Adoption and Children Act 2002
  2. 2 Whether public policy or procedural differences preclude recognition of the Indian adoption orders
  3. 3 Whether recognition of the adoptions is in the best interests of the children

Ratio Decidendi

The Indian adoption orders were made in accordance with rigorous procedures under the law of the adopters' domicile, are irrevocable, and there are no public policy reasons to refuse recognition; therefore, the adoptions are recognised in England and Wales under section 66(1)(e) of the Adoption and Children Act 2002.

Court Disposition

Application granted

Orders

  • Declaration that the adoption orders made in respect of ND and TD by the Mumbai City Civil Court in India on 17.10.05 and 24.4.07 are recognised as adoptions in England and Wales within the meaning of section 66(1)(e) and Chapter 4 of the Adoption & Children Act 2002.