Case name IH (A Child) (Permission to Apply for Adoption)
Case number [2013] EWHC 1235 (Fam)
Judge Mrs Justice Pauffley
Location The High Court of Justice Family Division
In January 2011, a child (IH) was brought to the UK from Pakistan by his parents. The parents eventually left IH in the care of his aunt and uncle (the applicants) and conferred parental responsibility onto them. IH’s parents argued that they could not take proper care of him in Pakistan due to their poor health.
As IH had not lived with the applicants for three of the five years before the application was made, the applicants were required to seek permission to make an adoption under Section 42(6) of the Adoption and Children Act 2002.
In the judgment, Pauffley J found that numerous factors rendered the applicants’ motivation for the adoption insincere. Most notably, the application to adopt was launched against a background of unsuccessful applications for leave to remain outside immigration rules, and the applicants had failed to comply with the law relating to the adoption of a foreign child.
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