AJ (a child), Re [2012] EWHC 3353 (Fam) (21 June 2012)

AJ (a child), Re [2012] EWHC 3353 (Fam) (21 June 2012)

The Indian adoption order is recognised because it was lawfully obtained, the applicants were domiciled in India, the adoption substantially conforms to the English concept, there are no public policy objections, and recognition promotes the child's welfare.

Citation
[2012] EWHC 3353 (Fam)
Parties
Applicant: SJ; Applicant: DV; Child (subject of Proceedings): AJ; Birth Parent: Mr SJ; Birth Parent: Mrs DJ; Guardian: CAFCASS (Guardian ad Litem)
Jurisdiction
England and Wales
Judgment Date
21 June 2012
Procedural Posture
Application for Declaration of Recognition of Foreign Adoption Order / Judgment at First Instance
Outcome
Declaration granted recognising the validity of the Indian adoption order.
Legal Topics
Recognition of Foreign Adoption, Domicile, Welfare of the Child, Public Policy in Adoption
Family Law Private International Law Recognition of Foreign Adoption Domicile Welfare of the Child Public Policy in Adoption

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Parties

SJ

Applicant

DV

Applicant

AJ

Child (subject of Proceedings)

Mr SJ

Birth Parent

Mrs DJ

Birth Parent

CAFCASS (Guardian ad Litem)

Guardian

Procedural Posture

Application for Declaration of Recognition of Foreign Adoption Order / Judgment at First Instance

Legal Issues

  1. 1 Whether the Indian adoption order should be recognised in England and Wales
  2. 2 Whether the applicants were domiciled in India at the time of adoption
  3. 3 Whether the Indian adoption substantially conforms to the English concept of adoption

Ratio Decidendi

The Indian adoption order is recognised because it was lawfully obtained, the applicants were domiciled in India, the adoption substantially conforms to the English concept, there are no public policy objections, and recognition promotes the child's welfare.

Court Disposition

Declaration granted recognising the validity of the Indian adoption order.

Orders

  • Declaration recognising the validity of the Indian adoption order is made.