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Latest ruling from 2026! Is it possible to legally adopt without a local birth certificate? A ray of hope for transnational adoptive families! 

The adoptive parents took in their niece, born abroad, and raised her, spending nearly 9 years together every day.
The social services home visit report had zero issues, confirming a harmonious family and a happy child.
However, the local court rejected the adoption application on the grounds of ‘being unable to replace the local birth certificate.’

Latest ruling from 2026! Is it possible to legally adopt without a local birth certificate? A ray of hope for transnational adoptive families!  Read More »

A Must-Read for Adoptive Parents! Can you obtain citizenship through a legal adoption? A bolt from the blue after twelve years 

In 2001, a couple adopted an abandoned baby and, to make things easier, falsely reported themselves as the biological parents on the birth certificate.
Twelve years later, when the child applied for an ID, it was discovered that the new document stated they were “not a citizen.”
The local court initially ruled in favor of the parents, but the higher court ultimately overturned the decision. Even a legal adoption order couldn’t restore the child’s citizenship.

A Must-Read for Adoptive Parents! Can you obtain citizenship through a legal adoption? A bolt from the blue after twelve years  Read More »

Singapore

Singapore citizenship legislation, governed by the Constitution of the Republic of Singapore, operates mainly through the principle of jus sanguinis, with different requirements depending on whether the child is born within or outside Singapore. A person born outside Singapore may acquire Singapore citizenship by descent if at least one of the parents is a Singapore citizen at the time of the child’s birth.

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Macau

The acquisition of permanent resident status in the Macao Special Administrative Region is governed by Article 24 of the Basic Law of the Macao Special Administrative Region. Under Article 24(1), Chinese citizens born outside Macau to Chinese citizens who are permanent residents of Macau are entitled to permanent resident status, provided they are of Chinese nationality. Similarly, under Article 24(2), children of Chinese nationality born outside Macau to Chinese citizens who have acquired permanent resident status after residing in Macau continuously for at least seven years are also permanent residents, provided the child is born after the parent has obtained permanent resident status.

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Hong Kong

As Hong Kong SAR (Hong Kong) is a special administrative region of China, the region does not have its own nationality law. Instead, Hong Kong operates under the concept of “One Country, Two Systems”, enshrined under the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China (Basic Law). In accordance with Article 18 and Annex III of the Basic Law, various national laws of China would apply to Hong Kong. China’s Nationality Law has applied to Hong Kong since 1997. As a result, children born in Hong Kong gain nationality through the same jus sanguinis structure, with children born within the territory to at least one Chinese parent gaining citizenship. As long as a citizen parent of a child born outside the territory has not settled abroad and the child has not gained another nationality at birth, the child will be a citizen. China’s citizenship legislation does not provide a definition of a stateless person.

Hong Kong Read More »

China

A conflict of law issue may arise where a child simultaneously possesses Chinese nationality and a foreign nationality. This issue stems from China’s adoption of the principle of single nationality and its non-recognition of dual citizenship. Although another country may recognise the child as its citizen, China treats the child solely in accordance with its Nationality Law. As a result, nationality, legal status, and the application of relevant laws may differ between jurisdictions.

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LIFELONG WELFARE AS THE CENTRALCONSIDERATION (UK Cases)

The applicants, a husband and wife, turned to international surrogacy in Russia after a long and arduous 16-year journey to become parents, which included 15 unsuccessful IVF cycles,. Their son, C, was born in 2012 following an agreement with a Russian agency, using the husband’s sperm and a donor egg,. The couple paid the agency €50,000, a portion of which was for the surrogate’s expenses and compensation,. After C’s birth, the parents initially applied for a British passport without disclosing the surrogacy, fearing they would be unable to bring the child home; however, upon receiving updated legal advice, they made full disclosures to the authorities and returned to the UK to seek a parental order.

LIFELONG WELFARE AS THE CENTRALCONSIDERATION (UK Cases) Read More »

LIMITS OF WELFARE (SURROGATE CONSENT) (UK Cases)

The commissioning parents, A and B, entered into a surrogacy arrangement in India using B’s sperm and a donor egg,. Twins, C and D, were born in December 2011 and brought to the UK in 2012,. The parents separated shortly after their return but remained living in the same home until 2014,. They were entirely unaware of the requirement to apply for a parental order, believing the Indian birth certificates—which named them as parents—were sufficient to secure their status in the UK,. It was only after seeking legal advice following their separation and the 2014 decision in Re X (A Child) that they realized an application was necessary. By the time they applied in November 2014, they were 17 months past the statutory six-month deadline, and the father was living in a separate home.

LIMITS OF WELFARE (SURROGATE CONSENT) (UK Cases) Read More »

MODERN WELFARE AND SAFEGUARDING ANALYSIS (UK Cases)

The applicants, a male same-sex couple (A and B) living in the UK, sought to start a family through a Cypriot surrogacy agency. Although the agency was based in Cyprus, the surrogacy involved an embryo transfer in Northern Cyprus using a surrogate (X) from “Country Y,” a jurisdiction that does not permit same-sex surrogacy. Following the agency’s advice to “avoid complications,” applicant A applied as a single man, and the couple was encouraged to conceal their relationship from both the surrogate and foreign authorities. The child, Z, was ultimately born in “Country W” in January 2023, where A and the surrogate were registered as parents.

MODERN WELFARE AND SAFEGUARDING ANALYSIS (UK Cases) Read More »

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