Case Number

CA 50/55

Date Decided

5-18-1955

Decision Type

Appellate

Document Type

Full Opinion

Abstract

The petitioners, into whose care an orphan child aged 5 years had been handed by the Social Welfare Authorities, applied to the District Court for an order of adoption. The application was opposed by a relative of the child who resided in the United States, and who also testified as to his willingness and ability to bring up the child whether in the United States or in Israel. The District Court, without investigating the circumstances fully, and apparently relying upon the principle that relatives of the child had a stronger right to his guardianship than strangers, dismissed the application. The petitioners appealed.

Held: allowing the appeal,

(a) whether the law applicable is English law or Jewish law the test to be applied in deciding whether an adoption order should be made or not is the same, namely whether such an order will be for the benefit of the child.

(b) the mere fact that the person seeking an order of adoption is a stranger and not a relative of the child is of some importance but is not decisive.

(c) as the matter had not been sufficiently inquired into in the court below the case should be remitted in order that a decision should be given in accordance with the principles set out above and after the matter has been fully investigated.

Keywords

Family Law -- Adoption, Jewish Law -- Family Law

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