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25 September 2009 / Ruth Cabeza
Issue: 7386 / Categories: Features , Child law , Family
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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

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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