The judge recognised the fact that M had overstayed his visa and therefore was in breach of immigration rules. However, there was no deceit on the part of the applicants. The decision whether to grant an adoption is one for the judge, who must make his or her decision in accordance with Section 6 of the Children and Adoption Act 2002 rather than in accordance with immigration rules. Adoptions of a foreign child would not be granted if the adopters did not intend to exercise parental authority, but just to assist the child to acquire the right of abode in England. In the present case, however, the applicants' love and devotion to M was genuine and they had every intention to exercise parental authority over him. An adoption order was therefore granted.
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