High Court grants recognition of Indian adoption

In a recently published case, a High Court judge granted recognition of an Indian adoption order.

Sitting in the Family Division, Mr Justice Moor considered the case of Re J, in which the applicants offered to adopt their niece, being unable to conceive their own biological child.

The applicants took part in a religious adoption ceremony in India where the child was born. This was registered by deed at a local court, which was then signed by the applicants and consenting birth parents.

After returning to the UK with the child residing under a visitor’s visa, the applicants sought recognition of the Indian adoption order.

The birth parents expressed no intention of opposing the order and the prospective adopters were judged to be able to meet the child’s needs.

Expert evidence was presented to the court, confirming that the Indian adoption process, defined under the Hindu Adoptions and Maintenance Act, was in line with practice in the UK.

Meanwhile, in a more recent international children’s case, Mr Justice Peter Jackson considered the case of ML v KW. In this fact-finding hearing the mother opposed her ex-husband’s request for contact with their child, accusing him of domestic abuse.

The parents of a two year old boy originated in Afghanistan and moved to the UK, where they lived after their marriage ended.

The mother opposed her ex-husband having child contact based on allegations of physical and sexual abuse, which were supported in court by medical evidence.

The mother also alleged that the father took her and her son to Afghanistan and held her against her will, where she suffered physical abuse by her former husband and his family.

The court accepted that the mother had been oppressively treated and heard that she felt it necessary to stay in a shelter for two and a half months after an incident at the family home.

A residence order was made in favour of the mother, as well as protective orders. The case was adjourned for submissions to be made on how contact proceedings could progress.

 

Photo by Lance Shields via Flickr.com, under a Creative Commons license

Marilyn Stowe

The senior partner at Stowe Family Law, Marilyn Stowe is one of Britain’s best known divorce lawyers with clients throughout the country, in Europe, the Far East and the USA.

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