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Legal Update: Case highlights foreign adoption complexities

A Supreme Court judgment has highlighted the complexities of bringing children who have been adopted abroad to the UK.

The case of SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9, recently heard in the Supreme Court, highlighted some of the complexity around the nationality or immigration status of children adopted abroad by parents who are British or have residence rights in the UK. The case involved a young Algerian child who had been adopted by way of a "kefalah" adoption by a French couple after the child had been abandoned. In some Islamic countries, the term kefalah, of Islamic law, is used to describe a situation similar to adoption, but not necessarily with the severing of family ties, the transference of inheritance rights, or the change of the child's family name.

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