W was born in China to Chinese parents. His aunt came to Britain and acquired citizenship. He came to live with her while studying, and she applied to adopt him. The judge refused saying that the primary intention was to obtain citizenship.
Held: The appeal failed. It should be good practice to give notice to the Home Office where the making of an adoption order will have the effect of conferring citizenship on a child otherwise an alien. The primary concern remained the welfare of the child throughout the childhood, but the supervision of the immigration authorities remained an important public policy element.
Citations:
[1986] 1 FLR 179, [1985] 3 WLR 945
Jurisdiction:
England and Wales
Cited by:
Cited – Re IJ (A Child) (Foreign Surrogacy Agreement Parental Order) FD 19-Apr-2011
The court gave reasons for making a parental order under the 2008 Act in favour of the applicants where a child had been born under surrogacy arrangements which were lawful in the Ukraine where he was born, but would have been unlawful here because . .
Lists of cited by and citing cases may be incomplete.
Adoption
Updated: 07 December 2022; Ref: scu.440066