In the matter of Lilly and Florence (Adoption) [2015] JRC 038 (20 February 2015)

In the matter of Lilly and Florence (Adoption) [2015] JRC 038 (20 February 2015)

The Court was satisfied that the adoptions of both children were effected under the law of the People's Republic of China, a country outside the British Islands, with due process and approval by competent authorities. Therefore, the adoptions qualify as 'overseas adoptions' for the purposes of Article 1 of the Adoption (Jersey) Law 1961.

Citation
[2015] JRC 038
Parties
Applicant: Applicants (names withheld, adoptive parents); Subject: Lilly (pseudonym, adopted child); Subject: Florence (pseudonym, adopted child)
Jurisdiction
Jersey
Judgment Date
20 February 2015
Procedural Posture
Application for Declaration of Overseas Adoption / Judgment on Application
Outcome
Declarations made as requested recognizing the Chinese adoptions as overseas adoptions under Jersey law.
Legal Topics
Recognition of Overseas Adoption, Interpretation of Adoption (jersey) Law 1961, Application of Hague Convention, Procedural Requirements for Overseas Adoption
Family Law Adoption Law Recognition of Overseas Adoption Interpretation of Adoption (jersey) Law 1961 Application of Hague Convention Procedural Requirements for Overseas Adoption

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Parties

Applicants (names withheld, adoptive parents)

Applicant

Lilly (pseudonym, adopted child)

Subject

Florence (pseudonym, adopted child)

Subject

Procedural Posture

Application for Declaration of Overseas Adoption / Judgment on Application

Legal Issues

  1. 1 Whether an adoption in the People's Republic of China qualifies as an 'overseas adoption' under Article 1 and Article 25(7) of the Adoption (Jersey) Law 1961
  2. 2 Whether due process was followed in the adoptions effected in China
  3. 3 Whether the Court should recognize the Chinese adoptions for the purposes of Jersey law

Ratio Decidendi

The Court was satisfied that the adoptions of both children were effected under the law of the People's Republic of China, a country outside the British Islands, with due process and approval by competent authorities. Therefore, the adoptions qualify as 'overseas adoptions' for the purposes of Article 1 of the Adoption (Jersey) Law 1961.

Court Disposition

Declarations made as requested recognizing the Chinese adoptions as overseas adoptions under Jersey law.

Orders

  • Declaration that the adoptions of Lilly and Florence are overseas adoptions for the purposes of Article 1 of the Adoption (Jersey) Law 1961.
  • Applicants to apply to the Superintendent Registrar for entry in the Adopted Children Register.