header-logo header-logo

25 September 2009 / Ruth Cabeza
Issue: 7386 / Categories: Features , Child law , Family
printer mail-detail

Adoption without borders?

Ruth Cabeza considers the changing landscape for international adoptions

The case of Re A (A Child) [2009] EWCA Civ 41, 3 All ER 479 considered how the law can facilitate a child’s adoption, by prospective adopters who live outside this jurisdiction.

Readers who are familiar with domestic adoption will know that an adoption order can only be made in this country to prospective adoptive parents domiciled in this jurisdiction and who have lived for not less than a year at the time of issue. That is a problem for people who live elsewhere, but who wish to adopt a child living here. Such people need to adopt the child in their own country.

However, to protect children from slavery and child trafficking and to promote their welfare, English law does not permit the casual movement of children, out of this country for the purpose of adoption overseas. Section 84 of the Adoption and Children Act 2002 (ACA 2002) does, however, facilitate the lawful removal of children from the UK for the purpose of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll