Ruth Cabeza in G & Anor v An Adoption Agency & Anor [2026] EWFC 29 – Important Guidance on the correct approach to applications made under s.42(6) of the Adoption and Children Act 2002 in Ex-Pat adoptions
17th Jun 2026 | Cases
Ruth Cabeza was instructed by Rayden Solicitors for the successful Applicants in G & Anor v An Adoption Agency & Anor [2026] EWFC 29; a case which sits at the intersection of international adoption, domicile, habitual residence and the safeguards surrounding overseas adoptions.
This case concerned an application by a British couple for permission to apply for a domestic adoption order in respect of a child they had adopted in Malawi. The applicants, who were living and working overseas, sought leave under section 42(6) of the Adoption and Children Act 2002 to abridge the time that the child had to have lived with them before they were eligible to apply for an adoption order, because the child had been living with them for only three months, rather than the usual qualifying period of three years.
The court considered the legal framework governing international adoptions, including the protections afforded by section 83 of the 2002 Act and the Adoption with a Foreign Element Regulations 2005. Those provisions do not apply in cases such as this were the adopters are habitually resident outside of the British Islands. Whilst recognising the need to safeguard against adoptions proceeding without appropriate scrutiny, the court was satisfied that the applicants had acted in good faith, had been positively assessed in Malawi and that the child was thriving in their care and on the facts of this case it was inappropriate for the for the permission sought to be granted.
The judgment provides important guidance on the relevant legal framework in such cases, the factors to consider and the approach to leave applications concerning domestic adoptions involving British nationals domiciled in this jurisdiction but habitually resident abroad.
