AJ (a child), Re

AJ (a child), Re

The Indian adoption order was lawfully obtained, the applicants were domiciled in India, the adoption substantially conforms to the English concept, and there are no public policy considerations mitigating against recognition. Recognition promotes AJ's welfare throughout her life.

Parties
Applicant: SJ; Applicant: DV; Subject Child: 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
Originating Motion / Judgment
Outcome
Declaration granted recognising validity of Indian adoption order.
Legal Topics
Recognition of Foreign Adoption, Child Welfare, Domicile, Public Policy
Family Law Recognition of Foreign Adoption Child Welfare Domicile Public Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

SJ

Applicant

DV

Applicant

AJ

Subject Child

Mr SJ

Birth Parent

Mrs DJ

Birth Parent

CAFCASS (Guardian ad Litem)

Guardian

Procedural Posture

Originating Motion / Judgment

Legal Issues

  1. 1 Whether the Indian adoption order is valid and entitled to recognition in England
  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 was lawfully obtained, the applicants were domiciled in India, the adoption substantially conforms to the English concept, and there are no public policy considerations mitigating against recognition. Recognition promotes AJ's welfare throughout her life.

Court Disposition

Declaration granted recognising validity of Indian adoption order.

Orders

  • Declaration recognising validity of Indian adoption order
  • Congratulations to applicants