RH & Anor v MM & Ors [2025] EWFC 288 (22 September 2025)

RH & Anor v MM & Ors [2025] EWFC 288 (22 September 2025)

S is currently stateless as she has not acquired Indian citizenship by descent and is not a British citizen. The adoption application is a domestic adoption, not one with a foreign element, as S has always resided in the UK and was not brought into or taken out of the jurisdiction for adoption. There is no legal...

Source-derived case information.

Citation
[2025] EWFC 288
Parties
Applicant: RH; Applicant: TH; First Respondent: MM; Second Respondent: A City Council; Third Respondent: S (by her Children's Guardian); Fourth Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Adoption Application / Final Judgment
Outcome
Adoption order granted
Legal Topics
Adoption of Stateless Child, Nationality Determination, Consular Notification, International Adoption Conventions, Parental Consent in Adoption
Family Law Adoption Law Nationality Law Adoption of Stateless Child Nationality Determination Consular Notification International Adoption Conventions Parental Consent in Adoption

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Parties

RH

Applicant

TH

Applicant

MM

First Respondent

A City Council

Second Respondent

S (by her Children's Guardian)

Third Respondent

Secretary of State for the Home Department

Fourth Respondent

Procedural Posture

Adoption Application / Final Judgment

Legal Issues

  1. 1 What is S's current nationality and what nationalities are available to her before and after adoption?
  2. 2 Is the adoption application a domestic adoption or an adoption with a foreign element?
  3. 3 Does Article 37(b) of the Vienna Convention require notification to the Indian High Commission in this case?

Ratio Decidendi

S is currently stateless as she has not acquired Indian citizenship by descent and is not a British citizen. The adoption application is a domestic adoption, not one with a foreign element, as S has always resided in the UK and was not brought into or taken out of the jurisdiction for adoption. There is no legal requirement to notify the Indian High Commission under Article 37(b) of the Vienna Convention in these circumstances, though notification may be good practice. The welfare of S is best served by making the adoption order without further delay.

Court Disposition

Adoption order granted

Orders

  • S is adopted by the applicants RH and TH.
  • Parental responsibility for S is vested in the adopters.