PD v MD

PD v MD

The Indian adoption orders were validly made under the law of the domicile of the adopting parents, with rigorous procedures and safeguards. There were no public policy reasons to refuse recognition, and recognition was in the best interests of the children. Therefore, the adoptions should be recognised in England and Wales under section 66(1)(e) of the Adoption and Children Act 2002.

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 After Hearing
Outcome
application granted
Legal Topics
Recognition of Foreign Adoptions, Adoption Orders, Parental Responsibility, Immigration Status of Adopted Children
Family Law Private International Law Recognition of Foreign Adoptions Adoption Orders Parental Responsibility Immigration Status of Adopted Children

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Parties

P D

Applicant

M D

Applicant

Procedural Posture

Application for Recognition of Foreign Adoption Orders / Judgment After Hearing

Legal Issues

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

Ratio Decidendi

The Indian adoption orders were validly made under the law of the domicile of the adopting parents, with rigorous procedures and safeguards. There were no public policy reasons to refuse recognition, and recognition was in the best interests of the children. Therefore, the adoptions should be 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.