The Weekly Law Reports
[2017] 2 WLR 887
Family Division
S v S (No 3) (Foreign Adoption Order: Recognition)
[2016] EWHC 2470 (Fam)
2016 July 6,
7,
8,
25,
26;
Oct 10
MacDonald J
Children— Orders with respect to children— Recognition of foreign adoption order— Child lawfully adopted pursuant to Nepalese adoption order— Adoptive parents not habitually resident or domiciled in Nepal at time of adoption— Mother applying for recognition in England and Wales of Nepalese order— Common law rule that English court not entitled to recognise foreign adoption order unless adoptive parents domiciled or habitually resident in relevant country at time of adoption— Whether unnecessary or disproportionate interference with Convention right of parents and child to respect for family life— Whether foreign adoption order to be recognised—
Family Law Act 1986 (c 55), s 57 (as amended by Child Support, Pensions and Social Security Act 2000 (c 19), s 83, Sch 8, para 6 and Adoption and Children Act 2002 (c 38), s 139, Sch 3, para 49(a)(b))
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Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8