Re E (Scottish adopters: English adoption proceedings)

Adoption – Jurisdiction. An adoption application in respect of a child placed for adoption in Scotland with Scottish adopters could be determined in England. The Adoption and Children Act 2002 gave the Family Court in England and Wales jurisdiction to make an adoption order in favour of applicants who satisfied one or other of the criteria in s 49 of that Act. The Family Court so ruled in determining a preliminary issue concerning proceedings where prospective adopters in Scotland had applied to the Family Court in England for an adoption order in respect of a child who had been made the subject of a final care order and a placement order in English (Family Court) proceedings. The court held that the prospective adopters had satisfied the criteria in s 49 of the Act and that their application had been lawfully and procedurally well made in the English Family Court, in circumstances where at least one of them was domiciled in Scotland, and they had both been habitually resident in Scotland for many years. Accordingly, the court held that it was appropriate that the adoption application should be allowed to proceed in England.

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