Is a German adoption in 1951 not an adoption as recognized or contemplated by either the 1979 or the 1986 Adoption Acts?
British Columbia, Canada
The following excerpt is from Wende v. Official Administrator For The County of Victoria, 1998 CanLII 1004 (BC SC):
Counsel for the petitioner submits that the adoption in Germany in 1951 is not an adoption as recognized or contemplated by either the 1979 or the 1986 Adoption Acts and therefore the "adoption" is not subject to ss.11 or 37 of those Acts and is not subject to the decision in Mernickle v. Westham. Counsel submits that a foreign adoption is not to be recognized if it is founded on that which is contrary to public policy in British Columbia and that the court has the jurisdiction to withhold recognition of foreign adoptions. The submission is that s.7 (now s.47) of the Adoption Act does not affect the inherent jurisdiction of the court to withhold recognition of a foreign adoption.
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