N, Re [2009] EWHC B29 (Fam) (23 October 2009)

N, Re [2009] EWHC B29 (Fam) (23 October 2009)

Section 67(3)(b) of the Adoption and Children Act 2002 must be interpreted so as not to deprive the natural mother (HN) of parental responsibility when recognising a foreign adoption order, where such deprivation would be contrary to the child's welfare and Article 8 ECHR. The Armenian adoption order is recognised in England and Wales, with both SN and HN retaining parental responsibility for N.

Citation
[2009] EWHC B29 (Fam)
Parties
Applicant: SN; Subject Child: N; Mother/respondent: HN; Potential Intervener: Secretary of State for the Home Department (SSHD)
Jurisdiction
England and Wales
Judgment Date
23 October 2009
Procedural Posture
Application for Recognition of Foreign Adoption Order / Final Judgment in High Court
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption Orders, Parental Responsibility, Interpretation of Adoption and Children Act 2002, Article 8 ECHR Rights
Family Law Private International Law Human Rights Recognition of Foreign Adoption Orders Parental Responsibility Interpretation of Adoption and Children Act 2002 Article 8 ECHR Rights

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Parties

SN

Applicant

N

Subject Child

HN

Mother/respondent

Secretary of State for the Home Department (SSHD)

Potential Intervener

Procedural Posture

Application for Recognition of Foreign Adoption Order / Final Judgment in High Court

Legal Issues

  1. 1 Whether the Armenian adoption order should be recognised in England and Wales under the Adoption and Children Act 2002
  2. 2 Whether recognition would deprive the natural mother (HN) of parental responsibility under section 67(3)(b) of the 2002 Act
  3. 3 Compatibility of section 67(3)(b) with Article 8 ECHR

Ratio Decidendi

Section 67(3)(b) of the Adoption and Children Act 2002 must be interpreted so as not to deprive the natural mother (HN) of parental responsibility when recognising a foreign adoption order, where such deprivation would be contrary to the child's welfare and Article 8 ECHR. The Armenian adoption order is recognised in England and Wales, with both SN and HN retaining parental responsibility for N.

Court Disposition

Application granted

Orders

  • Declaration that the Armenian adoption order of 13 July 2007 is recognised by the law of England and Wales.
  • HN retains parental responsibility for N jointly with SN.