Source: All England Reporter
Publisher Citation: [2016] All ER (D) 53 (Dec)
Neutral Citation: [2016] EWHC 3085 (Fam)
Court: Family Division
Judge:

Sir James Munby P

Representation Kathryn Cronin (instructed by Goodman Ray) for GS.
  SS and PM did not appear and were not represented.
  Paul Greatorex for the Secretary of State.
  Deirdre Fottrell QC and Gemma Kelly (instructed by Philcox Gray) for N.
Judgment Dates: 30 November 2016

Catchwords

Family proceedings - Adoption - Recognition of foreign adoption - Domicile - Immigration - Adoption of child (N) in India by applicant - Applicant applying for recognition of Indian adoption in United Kingdom and for adoption order - Whether adoption in India should be recognised in UK - Whether adoption order should be made - Applicable principles - .

The Case

Family proceedings Adoption. The Family Division granted the applicant's applications for a declaration recognising her adoption of a child, N, in India, and for an adoption order in respect of N. The court held, among other things, that ReValentine's Settlement[ remained good law and binding upon judges at first instance. Accordingly, recognition at common law of a foreign adoption, whether the question arose in a court or elsewhere, depended upon, and only upon, the four criteria identified in Re Valentine's Settlement. Applying settled law, the court held that English law recognised N's adoption by the applicant in India and that it was manifestly in N's best interests, currently and throughout her life, that the adoption order be made.

Practice Areas

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