Part III Declarations of Status
57 Declarations as to adoptions effected overseas.
1
Any person whose status as an adopted child of any person depends on whether he has been adopted by that person by either—
F2a
a Convention adoption as defined by subsection (1) of section 72 of the Adoption Act 1976 or an overseas adoption as defined by subsection (2) of that section, or
b
an adoption recognised by the law of England and Wales and effected under the law of any country outside the British Islands,
may apply to F1the High Court or a county court for one (or for one or, in the alternative, the other) of the declarations mentioned in subsection (2) below.
2
The said declarations are—
a
a declaration that the applicant is for the purposes of section 39 of the Adoption Act 1976 the adopted child of that person;
b
a declaration that the applicant is not for the purposes of that section the adopted child of that person.
3
A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, the applicant—
a
is domiciled in England and Wales on the date of the application, or
b
has been habitually resident in England and Wales throughout the period of one year ending with that date.
4
Until the Adoption Act 1976 comes into force—
a
subsection (1) above shall have effect as if for the reference to section 72(2) of that Act there were substituted a reference to section 4(3) of the M1Adoption Act 1968; and
b
subsection (2) above shall have effect as if for the reference to section 39 of that Act there were substituted a reference to Part II of Schedule I to the M2Children Act 1975.