Re "J"
| Jurisdiction | England & Wales |
| Judge | Mr. Justice Moor |
| Judgment Date | 21 June 2012 |
| Neutral Citation | [2012] EWHC 3353 (Fam) |
| Court | Family Division |
| Docket Number | Case No: FD 11 P 01782 |
| Date | 21 June 2012 |
[2012] EWHC 3353 (Fam)
Mr. Justice Moor
Case No: FD 11 P 01782
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
MR. Dafydd Griffiths (instructed by Messrs. Rollingsons Solicitors) for the Applicants
MR. Michael Hinchcliffe, Principal Lawyer with CAFCASS, for the Guardian ad Litem
This is an application pursuant to the inherent jurisdiction that I grant a declaration recognising the validity of the foreign adoption order in this case.
The facts can be set out very straightforwardly. The applicants are SJ and DV. They were both born in India but have been residing in this jurisdiction. In the case of DV, this has been since 1994. In the case of SJ, he was briefly here in 2005 and has resided here again since 2007. They, unfortunately, had difficulties in conceiving. SJ's brother, Mr SJ and his wife, Mrs DJ, already have a child, KJ who, I believe, is now aged six. They live in India. In or around 2010 Mrs DJ became pregnant again with the child with whom I am concerned, AJ. Mr SJ and Mrs DJ decided that they were really not in a position to care for their new baby and an agreement was reached between the applicants in this case and Mr SJ and Mrs DJ that the applicants would take over the care of the yet to be born baby. AJ was born on [a date in] 2010 in India and is therefore now approximately 18 months of age.
The applicants returned to India in early February of 2011 and on 5 th February undertook a religious adoption ceremony known as a Datta Homan. They participated fully in that ceremony as did Mr SJ and Mrs DJ. Four days later, on 9 thFebruary 2011, this religious adoption ceremony was registered by deed by the Registrar in their local court. It was consented to and signed by all four relevant parties.
In March 2011 AJ came to this jurisdiction with her birth parents on a visitor's visa. The birth parents returned to India on 10 th April 2011. Since March 2011 AJ has been cared for by the applicants at their home address. On 15 th August 2011 the applicants applied for a declaration as to the validity and recognition of the Indian adoption deed. They accept that, assuming I grant that declaration, they will then have to apply for indefinite leave for AJ to remain in this country with them although my understanding is that all parties hope and expect that that will be achieved without difficulty. On 20 th August 2011 the birth parents acknowledged service and indicated that they had no intention to oppose the order sought.
On 1 st September 2011 Hogg J made J a ward of this court, appointed a High Court Guardian to represent her, joined her to the proceedings and directed various provisions for expert evidence and safeguarding assessments. On 12 th October 2011 the Local Authority filed their safeguarding assessment. The assessment was very positive. It indicated that the applicants were able to meet AJ's overall needs; that AJ was a healthy baby developing and meeting her milestones; that she was provided with appropriate stimulation; that the family was very caring and loving; and the baby was contented. She noted that the couple need to be open and honest with AJ about her birth history when AJ is of a sufficient age to understand and comprehend properly but, in general, the safeguarding assessment was very positive and recommended that AJ remain permanently with the applicants.
On 10 th November 2011 expert evidence was filed as to the validity of the adoption in India. The said report confirmed the relevant Indian statute was the Hindu Adoptions and Maintenance Act 1956. The report indicated that the provisions of that Act were in line with the practice in other countries; that there had been consent in this case; there had been a ceremony in a public place; the adoption had been properly registered in the District Court...
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