Ruth Cabeza considers the changing landscape for international adoptions
The case of Re A (A Child) [2009] EWCA Civ 41, 3 All ER 479 considered how the law can facilitate a child’s adoption, by prospective adopters who live outside this jurisdiction.
Readers who are familiar with domestic adoption will know that an adoption order can only be made in this country to prospective adoptive parents domiciled in this jurisdiction and who have lived for not less than a year at the time of issue. That is a problem for people who live elsewhere, but who wish to adopt a child living here. Such people need to adopt the child in their own country.
However, to protect children from slavery and child trafficking and to promote their welfare, English law does not permit the casual movement of children, out of this country for the purpose of adoption overseas. Section 84 of the Adoption and Children Act 2002 (ACA 2002) does, however, facilitate the lawful removal of children from the UK for the purpose of adoption overseas, and provides for the making of an order
