Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

23 OCT 2009

ADOPTION: Re N (Recognition of Foreign Adoption Order) [2009] EWHC B29 (Fam)

(Family Division; Bennett J; 23 October 2009)

When the British man adopted his Armenian partner's child in Armenia, the Armenian birth certificate was amended to name the man as the child's father, but continued to name the mother, confirming that the mother retained parental responsibility following the adoption. Some years later, when the family had relocated to England, the man sought a declaration from the English court recognising the foreign adoption.

The wording of Adoption and Children Act 2002, s 67(3), if read absolutely literally, appeared to deprive the mother of parental responsibility for the child once a declaration recognising a foreign adoption had been made. Such an interpretation of s 67(3) was contrary to the jurisprudence; would, given that an English court would have been able to make an adoption order that would not have had the effect of depriving the mother of parental responsibility, produce an absurd and thoroughly unjust result; would not be in the child's best interests; and would be contrary to the mother's Art 8 rights under the European Convention on Human Rights. Section 67(3) must be read so as to uphold the Art 8 rights of the family and particularly the child.

Family Law


"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Subscribe to our newsletters