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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If the terms of an order issued by a county court is not fulfilled

Resolved Question:

If the terms or purpose of an order issued by a county court is not fulfilled by the applicant, what happens?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain the situation a little more?

Customer:

Thanks for answering. My situation is that I was provisionally adopted in 1969. The purpose of the provisional adoption was "the applicant be authorised to remove the infant from Great Britain for the purpose of adopting him/her under the law of or within the country in which the applicants are domiciled and that the applicants do have the custody of the infant pending his/her adoption as aforesaid” which is the wording on the A.C.A 10 Adoption Order or Provisional Adoption Order form given by the County Court. The adoption 'under the law of or within the country' never happened. So my questions is if the 'conditions' or purpose of the order were not fulfilled what happens?

Customer:

Under the 1958 Adoption Order it was illegal in the UK for a non-domiciled person to adopt a UK citizen. The provisional adoption order was granted instead for the purpose of giving the applicant permission to complete the adoption in another country.

Alex Watts :

Ah. This is family law. That is outside my area so I will opt out and let a family expert help you.

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What actually happened after the order was made?
Clare
Customer: replied 2 years ago.

The order was made in October 1969, eight months later we moved to Scandinavia where my 'parents' assumed that the adoption process was complete. Since then nothing has been done until I discovered the actual state of my 'adoption' earlier this year.

Customer: replied 2 years ago.

My real question is this, given that the purpose of the provisional adoption order was never fulfilled and now cannot be fulfilled where do I as the object of the order stand?

Expert:  Clare replied 2 years ago.
Hi
A very interesting question.
I assume that adult adoption i snot possible in the country your parents moved to?
Clare
Customer: replied 2 years ago.

Unfortunately not, they have since also divorced and are living in different countries. It seems that the provisional adoption order was a UK only thing and is not recognised outside of the UK as a legal. If I were in the USA I would probably be deported, others provisionally adopted have been.

Expert:  Clare replied 2 years ago.
Hi
What passport do you carry?
Clare
Customer: replied 2 years ago.
I hold a UK passport, as I was born in the UK. The provisional adoption order safe guarded that my citizenship could not be changed.
Expert:  Clare replied 2 years ago.
Hi
Yes indeed it did.
You remain entitled to that passport because, quite simply, you remain legally the child of your biological parents since your legal relationship with them was never actually severed by adoption.
The Order gave your other "parents" permission to take you abroad and adopt you - but no more than that and accordingly it simply ended when you turned 18 (or whatever the upper age was in the country your parents took you to)
I hope that this is of some assistance in clarifying your position - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your answer, that is really helpful. One last thing, if asked where in law should I refer someone to confirm what you have said.

Expert:  Clare replied 2 years ago.
Hi
Basic Adoption law - you will need to access a copy of the 1958 Act which is not currently available online otherwise I would give you the link!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you