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HopeHolm goes to High Court

intercountry adoption

RECOGNITION OF FOREIGN ADOPTIONS / LEGAL GUARDIANSHIP ORDERS AS ADOPTIONS UNDER ENGLISH COMMON LAW

IN THE HIGH COURT OF JUSTICE (FAMILY DIVISION)

IN THE MATTER OF THE INHERENT JURISDICTION OF THE HIGH COURT

AND IN THE MATTER OF THE SENIOR COURTS ACT 1981

This case concerns an application under England jurisprudence for the recognition of the legal (and it is asserted permanent) parent-child relationship between Mr and Mrs D (‘the applicants’) and their two children, (‘I’), and (‘E’). That relationship is captured under the auspices of legal guardianship orders (‘the orders”) made in Calcutta, India in 2007 and 2010 respectively.

At this final hearing, the applicants invite the court to exercise its inherent jurisdiction and recognise the foreign legal guardianship Orders of I dated 1 June 2007 and E dated 24 February 2010, finding that these orders created permanent legal relationships akin to adoptions in England and Wales. Under India’s domestic laws, legal guardianship orders were granted pursuant to Section 10 of the Guardians and Wards Act 1890 (“GWA”), and to ‘parents’/’guardians’ who, for all intents and purposes, were habitually resident and domicile in India at the time.

The court is cognizant of the submissions respectfully advanced on behalf of the applicants, that it would not be enough to recognise the applicants as guardians of E and I, that recognising the legal and permanent parent/child relationship as synonymous to an English adoption is necessary to achieve a crucial outcome for this family, endorsing the parent-child relationship in satisfaction of Home Office rules. Thus, the court will be invited to give declaratory effect to the same and find that E and I are the adopted children of the applicants. It is respectfully submitted that the applicants were prejudiced by the legal climate in India at the time of E and I’s legal guardianship orders, and as non-Hindus were not entitled to rely on the “simple….and straightforward process for adoptions for Hindus” under the Hindu Adoptions and Maintenance Act 1956 (“HAMA”) HAMA, a law that legally sanctioned the discrimination of non-Hindus in India for decades.

Indeed, it may be argued that by the time Mr and Mrs D sought to become parents of I and E, a new provision had come into force enable adoptions by non-Hindus, in reality and for various reasons, non-Hindus continued to defer to the GWA; and in Mrs and Mrs D’s case, upon legal advice. The expert further observes how although the coming into force of the JJA 2000 and 2015 sought to address the discrimination between religions, in reality, the process remained blatantly different and discriminatory. In essence, access to justice remained skewed and inequitable.

This court is not being invited to appraise the Indian legal system, nor are the applicants seeking to cast aspersions, the court is respectfully invited to issues pertaining to recognition in this jurisdiction, and ultimately to find that to deny recognition in a manner sought would constitute an unwarranted interference with this family’s Article 8 rights: QS v RS & Anor [2016] EWHC 2470 (Fam).

E and I’s legal guardianship orders took place in India. The applicants cannot directly apply for recognition under the Adoption (Recognition of Overseas Adoptions) Order 2013 as they do not satisfy the criteria. India is not on the “overseas list” or list of designated countries relDnt to the periods to which I and E’s respective orders were made. In any event, pursuant to the requirements under Section 83 of the Adoption and Children Act 2002, adoptions in Indian or before 3 January 2014 are not recognised in the UK.

Thus, it is not opened to the applicants for the orders in respect of I and E to be registered in the Adopted Children Register, nor are the applicants able to obtain a certificate of eligibility for a foreign adoptive child.

The court may be amply persuaded it can recognise the legal guardianship orders of E and I from the evidence before it, but respectfully, the arguments advance on behalf of the parents goes beyond that. It would seem that under Home Office rules and in order that the children may enjoy the full benefits of their British Citizen Mother, the recognition of these orders need to bear the characteristics of an English adoption.

For the full judgment and report, please  see Case No:  FD22P00448

Category: Adoption, Articles, ChildrenTag: Intercountry Adoption, International Adoption

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Anita M
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During one of the most difficult and overwhelmingly challenging time of my life, Angelique was the right kind of straight talking, to the point, and no nonsense, say it like it is kind of lawyer....the kind I needed in my corner. It was reassuring to have someone who understood what was fair and reasonable and fought for it with you. You will never need to follow up either via emails or calls. And she's just a call away anytime you need her. Can't recommend her enough.
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Alan Samuel
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I generally can not believe how stressful a divorce can actually be. But after years of anticipation I finally retained my life back thanks to the Hopeholm Family Law team, especially Angelique who guided me every step of the way through the mind field of processes and hoops to jump through - Thank you!
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I can’t thank Angelique enough for everything she’s done for me. From the very start she was calm, honest, and completely straight-forward — no sugar-coating, no false promises, just clear and realistic advice every step of the way. She guided me through one of the toughest times of my life with real professionalism and empathy. Angelique tells you things exactly as they are, but in a way that gives you confidence and direction. Her preparation, attention to detail, and dedication are second to none. Because of her guidance and hard work, I’ve now achieved a fair 50/50 outcome and peace of mind for my son’s future. If you want a solicitor who genuinely cares, fights for what’s right, and has a no-BS approach, Angelique is the one you want in your corner. — Rabil A
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I cannot thank Angelique enough for her support, advice and guidance throughout my divorce journey. Angelique was there to explain the legal jargon and what the next steps were along the way with emails, texts and phone calls. She always responded with compassion and understanding of the emotional rollercoaster I was on, I always felt she understood and that I was a person and not just a client. I was recommended Angelique and I too recommend her. Thank you again Angelique for your knowledge, support and guidance, its been a journey for us both!
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Deepali Mehra
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I had a great experience working with Angelique on renegotiating a financial consent order. She was approachable, clear, and responsive throughout — exactly what I needed during a process that could’ve been overwhelming. She helped me explore different options without pressure, and her explanations made everything easy to understand. We even managed to laugh along the way, which made a real difference. Highly recommend her for anyone wanting a solicitor who’s both professional and down-to-earth.
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Hopeholm helped me with my case over a year with numerous issues. Angelique provided prompt advice and service throughout. She has gone above and beyond for me and the end result was one I am happy with. Wholehearted recommendation from me for any family law matters.
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Angelique (HopeHolm) is an exceptional solicitor with a heart of gold. Her dedication goes beyond just providing legal expertise—she truly cares about her clients and their families. Compassionate and understanding, she takes the time to listen, support, and fight for the best outcome. Her kindness, combined with her professionalism and knowledge, makes her not only a remarkable solicitor but also someone you can trust during the most challenging times. She isn’t just focused on the financial aspect but genuinely prioritizes the well-being of those she represents. Don't hesitate to instruct Angelique to be your solicitor, you won't regret it.
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After being with other solicitors on my lengthy 3 years court case, I was recommended to Angelique by my barrister. She had to untangle my case which was quite complicated. She worked diligent and strenuously. In the end and for everyone's surprise, she was able to reach a settlement using her expertise, dedication and professionalism. She worked hours on end putting always my children's and my best interest at heart. I can't stress enough how helpful Angelique was! This case put so much financial, emotional and mental strain on me. Angelique was a God sent gift! She is not a common solicitor, she does make a difference! I most HIGHLY recommend her for her professionalism, honesty and unique desire to solve your case as much as you do! I am forever grateful to Angelique and I wish her all the very best in this world!
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I cannot thank Angelique enough for her unwavering support and relentless fight for my ongoing child custody case. From the very beginning, she has been more than just a solicitor—she has been a massive support during one of the most difficult times in my life. Her dedication has gone far beyond office hours. She truly cares, not just about my case but about me as a person. Her empathy and compassion are evident in every conversation, as she always checks in on me, listens to my worries—reassuring me throughout this process. Unlike any other solicitor, she provides a truly human experience, going above and beyond to ensure I feel supported and heard. I wholeheartedly recommend her to anyone in need of legal help—she is exceptional in every way.
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Sunny Sharma
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I strongly recommend Angelique Holm’s Solicitors firm, HopeHolm, for anyone seeking expert legal advice and representation. Her deep knowledge of divorce and family law is matched by her ability to explain complex legal concepts in a clear and approachable manner. Angelique took great care and time to understand my predicament and circumstances, particularly as it came as a sudden shock, but she was able to offer her expertise to achieve the best possible outcomes. Throughout my experience with Angelique, I was consistently impressed by her professionalism, responsiveness, and dedication. Her attention to detail, meticulous preparation, and ability to anticipate potential challenges gave me complete confidence in her abilities. Angelique also demonstrate great empathy and understanding, making the legal process less stressful and more manageable than it could have been in different circumstances. Whether you need advice, negotiation skills, or representation in court, Angelique offers unparalleled expertise and a client-focused approach that ensures you are in capable hands. I would not hesitate to recommend her to anyone in need of reliable and trustworthy legal support services. I am deeply grateful for Angelique & HopeHolm's dedication and advise in my contentious and laboured divorce procedure. Many thanks indeed Angelique.
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