In a significant case involving the intersection of Moroccan, English, and international law, Alex Laing, a barrister with Coram Chambers, has played a pivotal role in seeking justice for a child identified as X.
The case revolves around a UK applicant aiming to adopt X, a Moroccan child brought to the UK after being placed under Kafala guardianship due to abandonment in Morocco. The legal intricacies primarily revolve around Section 83 of the Adoption and Children Act 2002, and the accompanying regulations, which govern intercountry adoptions.
Alex Laing, representing the Secretary of State for Education and led by Sarah Hannett KC of Matrix Chambers, contended that despite any asserted procedural non-compliance, the best interests of the child should prevail, ultimately advocating that the welfare of X outweighed any technical breaches of law.
The court extensively examined the compatibility of Moroccan Kafala guardianship with English adoption law as well as the implications of the 1996 Hague Convention. This case highlights the ongoing challenges legal practitioners face in harmonising diverse legal frameworks regarding intercountry adoptions.
As the court deliberates on the permissible routes for granting adoption orders under these complex circumstances, the case represents a vital exploration of how legal systems can evolve to meet the needs of vulnerable children across borders.
For a comprehensive overview of the case, including the court’s detailed findings, please refer to the judgment below or via this link.
