S v S (No 3) (Foreign Adoption Order: Recognition)

Subject Matter

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)) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8

[2016] EWHC 2470 (Fam); [2017] Fam 167; [2017] 2 WLR 887; [2017] 2 FLR 1456; [2016] WLR (D) 553, Fam D