GS v SS and Others
| Jurisdiction | England & Wales |
| Judge | Sir James Munby |
| Judgment Date | 30 November 2016 |
| Neutral Citation | [2016] EWHC 3085 (Fam) |
| Docket Number | Case Nos: FD16P00226 and ZC126/16 |
| Court | Family Division |
| Date | 30 November 2016 |
In the matter of N (A Child)
[2016] EWHC 3085 (Fam)
Sir James Munby PRESIDENT OF THE FAMILY DIVISION
Case Nos: FD16P00226 and ZC126/16
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Ms Kathryn Cronin (instructed by Goodman Ray) for the applicant
Mr Paul Greatorex (instructed by the Government Legal Department) for the third respondent
Ms Deirdre Fottrell QC and Ms Gemma Kelly (instructed by Philcox Gray) for the fourth respondent
The first and second respondents were neither present nor represented
Hearing dates: 12–13 October 2016
Sir James Munby PRESIDENT OF THE FAMILY DIVISION
This judgment was handed down in open court on 1 December 2016
Sir James Munby, President of the Family Division:
I have before me two applications by GS, who I will refer to as the applicant. She was born in Bangalore in India in 1956. It is common ground that her domicile of origin was India. So far as is material for present purposes, she has a brother, PVV, and a sister, PM. Both applications relate to N. She was born in India on 4 December 1998, and will accordingly reach her eighteenth birthday in just a few days' time. She is the biological child of the applicant's sister, PM, and her (the sister's) husband, SS.
The background
In 1999, when she was about eight months old, N was informally adopted by the applicant and her husband, S. They had married in 1997; he was killed in a car accident in 2009. The applicant describes in her witness statement what happened:
"N was born in December 1998 and in August 1999, when she was about 8 months old; S and I travelled back to India to visit my family for two months. It was during this visit that my sister gave N into our care. I already knew that my sister was struggling with having another child. The pregnancy was unplanned and she was not happy to be pregnant. The difficulties with her husband were escalating and she spoke to me about not being able to care for another baby. I tried to help her and I would give her money when I could but her husband was never going to change.
During our visit my sister came to visit me at my brother's house. She brought N with her. She was crying about her situation and clearly in trouble. Again, I tried to reassure her that were there for her and for the baby. My sister then handed N to me, and she said to me "this is your child". From that moment, I have treated N as my own. I told my sister then that we would take all responsibility for her and when she was placed in my hand that day she became our daughter. We were both very emotional, knowing what an important decision this was for both of us. I felt overwhelming joy and great sadness for my sister. I know that my sister was also sad but relieved to be spared a responsibility she could not undertake. From that point onwards N has been our daughter. I have supported N. S and I had joint responsibility for her ever since this date until his death, when I have taken over sole responsibility for her. She has been brought up knowing me as her mother and S as her father. I have provided everything emotionally and materially for her. Everyone understands, including N, that we are her parents.
We took N into our care that day. As we were both working in Saudi Arabia at the time, we arranged with my brother and his wife for N to live with them and their son who was just 6 months older than N."
Her brother, PVV, says much the same in his witness statement:
"[The applicant] and her husband S arrived from overseas for their holidays in time to attend [a family] baptism. After the baptism, PM shared her worries with [the applicant]. We were altogether in our home and PM said that she could not care for N and wanted to give her to [the applicant] and S for adoption. It was very emotional for all of us. Girl children often miss out in India and PM said that she wanted N to have an education and not to have to struggle for her education, food, home, security and everything. We would all have helped PM to keep and support N. She was clear that she made this decision and wanted [the applicant] and S to be N's parents. As they had recently lost a baby they were surprised at the event but very pleased and overjoyed at their child."
The adoption was formalised at a customary ceremony on 27 October 2011, followed by the execution by the applicant and her sister and brother-in-law on 29 October 2011, before the registrar of the local registry office at Bellary in the State of Karnataka, of a Deed of Adoption.
In her witness statement the applicant gives this description of the ceremony on 27 October 2011:
"We had a customary ceremony at the house on 27 October 2011 at which the Priest from our local church attended. At this ceremony friends and family members and the Priest were there to witness the formal giving of N to me. My sister and her husband, my brother and his wife, and my cousin's brother (now deceased) all attended the ceremony at our home. Afterwards we had a meal at the home to celebrate. The Priest stayed for the meal and my sister hugged me and told me that N is my legal daughter and she needed to concentrate on her son who was going the same bad way as her husband. She looked happy. My daughter was with me all the time; she kept asking me whether she could now travel with me so that we could live together. I told her that she could not come now, but that we would be together later. My sister had to go back to her home in the village and she left that night with her husband."
Her brother says this in his witness statement:
"The lawyer advised that she could make an adoption through our pastor. On his advice we invited our church pastor, church committee members and N's birth parents to our home and we remade the adoption through prayers and PM and SS again giving N to [the applicant]. Then [the applicant] filed an application to the sub registrar office at the Court asking for the registration of adoption."
The applicant continues by describing what happened two days later:
"On 29 October 2011 N and I attended the local registry office to have the adoption formalised. My lawyer also attended the registration. My sister and her husband travelled back for the registration of the adoption and my brother and his wife and my cousin's brother also attended.
The registration was conducted like a court hearing might be in England. We were taken into a room and my lawyer started off by speaking to the registrar to explain why we were there. The registrar confirmed whether my sister and her husband consented to the adoption and to make sure that they understood the effect of the adoption – that they were no longer her parents, that all their rights as parents were removed and that I was now N's sole parent. He spoke to them to ensure that they were happy to give N in adoption to me. My sister and brother in law both answered that they were, and my sister said that she had given N to me when she was 8 months old and that I was her mother from that time. She said that she understood that she had no role as a mother to N. N's father agreed but did not say anything more. The circumstances and reasons for giving N to me were mentioned: that my sister was struggling and not supported to bring up a girl and that she had a son to support, that I was childless lonely and depressed and that my sister had a lot of difficulties and could not look after N.
The registrar also spoke to N was asked whether she wanted me as her adoptive mother and whether she was willing to go to the UK with me, her mum; she said that she was and that she wanted to live with me and missed me and wanted to study in the UK.
The registrar then asked me questions about my care of N and my circumstances. I told him that I send money for N and make decisions about her welfare, that my brother attends school meetings on my behalf and tells me all about her progress and I spoke about my close contact, the time I live with her and that I call every day. I was asked whether I will look after N for the rest of my life as my whole and sole responsibility. I said that I would. The registrar was told about the death of my husband, N's close attachment to him and that I would not have any more children. I gave an account of my circumstances in the UK and said that I work for the British government in a hospital and that I have my own house with a mortgage and no dependents. I showed proof of my residence status in England and my old passports, also letters from the hospital that confirmed where I worked and my earning capacity. I showed the Registrar the letter that I had from the hospital. The registrar also asked me questions about my medical circumstances and support network in England. I said that I was healthy and that if I had any problems I had family in Preston, Bolton and Coventry who I or N could go to. I showed my husband's death certificate, my birth certificate, my sister's marriage certificate."
The Deed of Adoption was in the following terms:
"WHEREAS
1 The adoptive mother has no issue, male or female, and having regard to her circumstances, she has no expectation of any issue in future.
2 The adoptive mother want to adopt a child as her daughter.
3 The natural father has two children, one son and one daughter.
4 The adoptive mother has approached the natural father and mother for giving a female child in adoption.
5 The natural father and mother have agreed for giving in adoption one of their female child named [N] aged 13 years to adoptive mother.
6 The ceremony of giving and taking in adoption has been duly performed along with our religious ceremonies customary with the parties on the day of Oct 27,...
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