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Family Law

The leading authority on all aspects of family law

22 FEB 2011

ADOPTION: T and M v OCC and C [2010] EWHC 964 (Fam)

(Family Division; Hedley J; 13 May 2010)

The same sex partners were not permitted to adopt jointly in Nicaragua. The American woman adopted an orphan and the Nicaraguan woman adopted a relative who had lived with her from five weeks old. On arrival in the UK all obtained UK nationality.

Although living in separate households, on the facts the two women were a couple able to jointly adopt for the purpose of Adoption and Children Act 2002, s 50. The provision requires an unambiguous intention to create and maintain family life and a factual matrix consistent with that intention. The welfare of the child required a joint adoption order to be made.

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