Brown & Anor, Re Recognition of a Foreign Adoption at Common Law [2015] ScotCS CSOH_68 (04 June 2015)

Brown & Anor, Re Recognition of a Foreign Adoption at Common Law [2015] ScotCS CSOH_68 (04 June 2015)

It is competent for the Scottish courts to recognise a foreign adoption at common law where statutory recognition is unavailable, provided the adoption was lawfully obtained, the foreign concept of adoption substantially conforms with the Scottish concept, and there are no public policy objections.

Citation
[2015] ScotCS CSOH_68
Parties
Petitioner: Ian Ashford Brown; Petitioner: Aida Ashford Brown; Amicus Curiae: Beynon
Jurisdiction
Scotland
Judgment Date
04 June 2015
Procedural Posture
Petition for Recognition of a Foreign Adoption at Common Law / Final Judgment
Outcome
petition granted
Legal Topics
Recognition of Foreign Adoption, Common Law Adoption, Public Policy in Adoption, International Comity
Family Law Private International Law Recognition of Foreign Adoption Common Law Adoption Public Policy in Adoption International Comity

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Parties

Ian Ashford Brown

Petitioner

Aida Ashford Brown

Petitioner

Beynon

Amicus Curiae

Procedural Posture

Petition for Recognition of a Foreign Adoption at Common Law / Final Judgment

Legal Issues

  1. 1 Is it competent under Scots law to recognise a foreign adoption at common law where statutory mechanisms do not apply?
  2. 2 What test should be applied for recognition of a foreign adoption at common law in Scotland?

Ratio Decidendi

It is competent for the Scottish courts to recognise a foreign adoption at common law where statutory recognition is unavailable, provided the adoption was lawfully obtained, the foreign concept of adoption substantially conforms with the Scottish concept, and there are no public policy objections.

Court Disposition

petition granted

Orders

  • The Ethiopian adoption order in respect of Ms Debele is recognised at common law in Scotland.