Judge outlines options to Scots who want to adopt children south of the border
A London-based High Court judge has explained the routes open to people living in Scotland who want to adopt children living south of the border.
Mr Justice Cobb, based in the Family Division of the High Court, said people can either ask family court judges in England and Wales or in Scotland for approval.
England and Wales fall under a different legal jurisdiction to Scotland.
Mr Justice Cobb said judges in either jurisdiction can entertain an application from people living in Scotland who want to adopt a child living in England or Wales.
He analysed the issue at a family court hearing in London after a couple living in Scotland made an application to adopt a two-year-old girl who had been placed for adoption by a family court judge in England, and outlined his decision in a ruling published online.
“They have issued their adoption application in the family court in England,” the judge said.
“A preliminary question arose for determination – namely whether an adoption application in respect of a child placed for adoption in Scotland with Scottish adopters can be determined in England.”
He said he had concluded that it could and added: “I am of the view that in these circumstances, the Scottish adopters would in fact have the option of pursuing their application in either Scotland or England.”
The judge said no-one involved could be identified in media reports.
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