In re Gutwirth v [1985] JLR 233 (19 December 1985)

In re Gutwirth v [1985] JLR 233 (19 December 1985)

The court held that a valid foreign adoption of an adult, although unknown to Jersey law, is not contrary to public policy and should be recognized.

Citation
[1985] JLR 233
Parties
Applicant: Gutwirth
Jurisdiction
Jersey
Judgment Date
19 December 1985
Procedural Posture
Application for Recognition of Foreign Adoption / Judgment
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption, Public Policy, Adoption of Adults
Conflict of Laws Family Law Recognition of Foreign Adoption Public Policy Adoption of Adults

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 1 Party arguments 2
Sign in to unlock

Parties

Gutwirth

Applicant

Procedural Posture

Application for Recognition of Foreign Adoption / Judgment

Legal Issues

  1. 1 Whether a foreign adoption order, valid in its country of origin, should be recognized in Jersey when it involves the adoption of an adult, a concept unknown to Jersey law
  2. 2 Whether such recognition would be contrary to Jersey public policy

Ratio Decidendi

The court held that a valid foreign adoption of an adult, although unknown to Jersey law, is not contrary to public policy and should be recognized.

Court Disposition

Application granted

Orders

  • Foreign adoption order recognized as valid in Jersey