ADOPTION: Re G (Adoption: Placement Outside Jurisdiction) (No 2) [2008] EWCA Civ 105

19 MAR 2008

(Court of Appeal; Sir Mark Potter, Wall and Lloyd LJJ; 19 March 2008)

The court gave permission for a letter from the US adoption agency, the relevant foreign authority within Adoptions with a Foreign Element Regulations 2005 (SI 2005/392), para 10(b), to be adduced as fresh evidence. The contents of the letter could be taken to mean that the child would be authorised to enter and reside permanently in the relevant US State, provided an order was made under Adoption and Children Act 2002, s 84(1), and all the English procedures had been fulfilled, and further that, subject to post-placement supervision and a favourable investigative report by the agency, a final adoption order was likely to be made by the US State authorities. The US State did not require both prospective adopters to accompany the child to the US.

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