The court considered an adoption in Pakistan which was valid in Pakistan but would not be recognised here. The natural father and the adoptive father were from the same family. The adoptive parents were unable to have a children of their own, and the adoption was a gift – an act of grace. At first instance, Singer J, found that according to custom in Pakistan the arrangement had the full consequences that would flow from the making of an adoption order in our society: ‘The mother and the father performed an act of great grace with considerable beneficial religious significance for them in giving up their child as a gift to childless relatives.’
Held: This was ‘a custom which we are told is recognised in many parts of the world’, and ‘It seems to me that we should respect that custom, founded as it is upon a humane response to a sad deprivation.’ The result of adoption is ‘the creation of the psychological relationship of parent and child with all its far-reaching manifestations and consequences.’
Judges:
Thorpe LJ
Citations:
[1998] INLR 424
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Singh v Entry Clearance Officer New Delhi CA 30-Jul-2004
The applicant, an 8 year old boy, became part of his Indian family who lived in England, through an adoption recognised in Indian Law, but not in English Law. Though the adoption was genuine, his family ties had not been broken in India. The family . .
Cited – Oxfordshire County Council v X and Others CA 27-May-2010
The LA, the guardian and adoptive parents appealed against an order that they should provide to the parents an annual photograph of the child. They contended that an image should only be made available to be viewed at the authority’s offices . .
Cited – In re X (A Child) (Surrogacy: Time Limit) FD 3-Oct-2014
Extension of Time for Parental Order
The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the . .
Lists of cited by and citing cases may be incomplete.
Adoption
Updated: 13 November 2022; Ref: scu.200327