Case No. ZC96-22
Family Court

Case No. ZC96-22

Fecha: 28-Nov-2022

[2014] EWHC 1128

, which was a decision of Theis J whereby she concluded that the court should not recognise an order of the Thai court granting parental responsibility to the father, but this was not a case where recognition of that order under common law was considered. 21.Following the authorities above, I have concluded that this court can and should recognise the order made by the court in Country A in 2009. Parental responsibility under the law of Country A is defined very much as it is here. The mother and K were domiciled and habitually resident there at the time of the making of the order and the mother was legally advised at the time she gave her consent. The reasons for her doing so were overwhelming and in the best interests of the child, and the order made and acted upon many years ago. The fact that there is no corresponding provision here to terminate a mother’s parental responsibility should not mean that that a decision to that effect in another country cannot be recognised if there are no reasons of public policy reasons to the contrary. There is no doubt that the court would have been able to recognise an order terminating a father’s parental responsibility and it would seem anomalous if the same principle could not apply to a mother in these circumstances. 22.It follows from this that the mother is not a parent with parental responsibility within the meaning of s52(6) ACA, and accordingly there is no requirement to serve her with the proceedings or to either obtain or dispense with her consent to the adoption. 23.Given the importance of this issue, I wish to add the following. If I had concluded that the mother’s parental responsibility had not been terminated by virtue of the 2009 order, I would have exercised my case management powers under rule 14.3(3)(b) FPR 2010 to remove her as a party without notice. I am very conscious that such a course of action would be exceptional in any case, but never more so than in proceedings concerning adoption where the birth mother has received no notification. In