News

Partner Hetty Gleave writes for Family Law

  • December 14, 2015
  • By Hunters Law

Adopting a child from overseas: is it allowed under Sharia law?

It is not uncommon for people wishing to adopt a child to look beyond the shores of the UK to a foreign jurisdiction. The Adoption and Children Act 2002 sets out the English court’s jurisdiction to make adoption orders in respect of children with both British and foreign citizenship, but although the procedure for adoptions within the UK is clear, what is the position in the overseas country?

Following the fall of the Ceausescu regime in the 1990s hundreds of well-meaning couples travelled to Romania and scooped up malnourished children from Romanian ‘orphanages’ to bring them to the UK for a better life. However in some instances they discovered that the children were not in fact orphans, that proper procedures in Romania had not been followed and, crucially, consent from the child’s family, who with diligent inquiry could have been traced, had not been obtained. Some cases resulted in the English Courts having to make the heart-breaking decision of whether to send the children back to their country of origin and their biological families who were requesting their return.

The effect of an adoption order in this country is to sever all the child’s legal links with its biological parents, including the right of the child to inherit, so that the adoptive parents step in the shoes of, and effectively become, the child’s parents. It is as if, in law, their biological parents no longer exist. In England and Wales Courts can still sever legal links between a parent and a child by granting an adoption order despite both parents’ objection if the child’s welfare requires it.

Read the full article published in Family Law here.

Hetty Gleave

Partner, Family Law Department

Related News

Apr 14, 2021
Jo Carr-West discusses a new approach to domestic abuse in the Family Court
Mar 30, 2021
Eri Horrocks discusses family loans and divorce settlements
Mar 23, 2021
Henry Hood discusses Capitalisation of maintenance and Duxbury Calculations
Mar 17, 2021
Jo Carr-West discusses the capitalisation of child maintenance in Family Law Week
Mar 15, 2021
Eri Horrocks discusses top tips for international families on divorce
Feb 26, 2021
Richard Kershaw considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3) in Family Law Week
Feb 25, 2021
Richard Kershaw examines the impact of market volatility on divorce settlements in Finance Monthly
Feb 24, 2021
Polly Atkins examines whether one can charge an ex-spouse rent whilst waiting for their home to sell
Feb 19, 2021
Richard Kershaw examines whether you can re-open a divorce settlement due to Covid-19 in Edward Fennell’s Legal Diary
Feb 02, 2021
Amy Scollan discusses divorce and luxury assets

© Hunters Law LLP 2021 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)