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Wednesday, 17 January, 2001, 16:13 GMT
Complex legal battle ahead
Alan and Judith Kilshaw face investigation
The Kilshaws face a complex legal fight to keep the twins
The battle to decide the "legal ownership" of the twin girls at the centre of a highly publicised custody battle is set to be fought on two continents.

But it is a legal minefield, governed by laws and conventions both here and overseas which are destined to be at the heart of courtroom arguments to settle the case.

Alan and Judith Kilshaw paid �8,000 to an American internet adoption agency for six-month-old Kimberley and Belinda, who are now living with them in north Wales.

But the adoption has been surrounded by controversy with Californian couple Richard and Vickie Allen mounting a legal challenge to get the girls back, claiming the twins had already been sold to them.

One of the issues the lawyers and authorities will need to establish is whether the Kilshaws followed the strict UK procedures for adopting children from overseas.

The rigorous screening system in the UK involves an assessment by the local authority or an approved adoption agency to establish whether they are suitable.

The next stage is to find a child. Although the government prefers this to be done through official channels in the child's country of origin, there is no legal obstacle to private arrangements, including internet sites.

Designated countries

If a couple choose to go abroad, it helps if the child is chosen from a so-called "designated" country recognised by Britain under a 1973 statutory order.

The US is on the list, which means the Arkansas adoption papers obtained by the Kilshaws are automatically recognised in this country.

Vickie and Richard Allen who claim the twins were abducted
The Allens say they bought the twin girls

But the Allens have already indicated they believe the adoption procedures in Arkansas were illegal.

Authorities in the UK and the US are now investigating this, raising the prospect of the twins being taken into care and returned to America.

Legality of Arkansas adoption

The legality of the Arkansas adoption is likely to play a central role in this child ownership battle, according to Naomi Angell, a solicitor with London firm Goodman Ray, who specialise in family law.

She said: "Arkansas is pivotal because if that fails there is nothing to recognise in this country and then the Kilshaws would have to start adoption proceedings at the High Court."

The other battle frontiers are immigration and the question of whether the twins were abducted, as claimed by the Allens.

On the issue of immigration, a couple must apply to the British embassy nearest to where the child lives for permanent admission to the UK.

This should ideally be agreed before the child arrives in Britain.

An application for British citizenship can be submitted afterwards.

But the Home Office said admission to the UK would not be automatic if the child had an interim adoption order, such as the one granted to the Kilshaws in Arkansas last month.

It is understood the twin girls were brought into Britain on the Kilshaws' American passports as temporary visitors.

Each case is decided on its merits and there are grey areas in the law which can allow parents who have not followed the correct procedures to keep the adopted child.

On the issue of whether a possible abduction charge is brought, there is an international convention on child abduction which would be used to decide if the Kilshaws had violated the law.

Another possibility is the children could be made wards of court in the UK and either side in the dispute could decide to institute proceedings, which would result in the girls being taken into care.

The most important question though in all of this is what is best for the children?

"What one really hopes, regardless of the rights or wrongs of the adults, you have to look at the fact that these children wil have moved four times and they're only six months old," said Naomi Angell.

"If they become wards of court the babies' best interests would be paramount; the wishes of the adults would be secondary," she added.

The Allens could decide to go to court in the US or Britain, and are said to be considering both options.

Amid all the legal wrangling, one fact remains: the longer the children stay with the Kilshaws, the stronger their case and as the weeks pass, a judge could decide that removing them would harm the children psychologically.

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See also:

21 Dec 00 | UK
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23 Apr 99 | UK Politics
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