The Weekly Law Reports
[2009] 3 WLR 1169
Court of Appeal
In re
A (A Child) (Adoption: Assessment outside Jurisdiction)
[2009] EWCA Civ 41
2008 Dec 2;
2009 Feb 5
2009 Feb 5
Thorpe, Wall, Moore-Bick LJJ
Adoption— Adoption order— Arrangements for adoption— Local authority having care of child— Applicants seeking parental responsibility order to enable adoption of child abroad— Provision requiring child’s home to be with applicants for ten weeks prior to application— Prospective adopters in USA unable to come to UK for statutory period— Local authority applying for approval of proposal for child to live in USA on extended visit— Whether necessary for statutory period to be spent within jurisdiction— Whether period prescribed for assessment having to occur after child placed for adoption— Whether local authority’s proposal to send child abroad for assessment legitimate—
Children Act 1989 (c 41) (as amended by Adoption and Children Act 2002 (c 38), ss 139, 148, Sch 3, para 72), Sch 2, para 19
—
Adoption and Children Act 2002 (c 38), ss 42(7), 84