Parents and the authority agreed that a proposed adoption by an uncle. The uncle lived in America, and could not come to the UK for the ten weeks required under the 2002 Act.
Held: The requirement of the Act that the child should have spent ten weeks with the adoptive parents at the home referred naturally to the home of the parents wherever that was – even if that was abroad. Rules against certain forms of adoption should not be interpreted so as to damage the interests of particular children.
Judges:
Thorpe LJ, Wall LJ, Moore-Bick LJ
Citations:
[2009] EWCA Civ 41
Links:
Statutes:
Adoption and Children Act 2002
Jurisdiction:
England and Wales
Adoption
Updated: 22 July 2022; Ref: scu.280442