W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) (07 July 2017)

W v The Secretary of State for the Home Department [2017] EWHC 1733 (Fam) (07 July 2017)

The Nigerian adoption order is recognised because the applicants were domiciled in Nigeria, the adoption was validly made under Nigerian law, it has the same essential characteristics as an English adoption, and there is no public policy reason to refuse recognition. Alternatively, recognition is required at common law to respect Article 8 ECHR rights.

Citation
[2017] EWHC 1733 (Fam)
Parties
Applicants: Mr and Mrs W; Intervenor: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 July 2017
Procedural Posture
Application for Recognition of Foreign Adoption Order / Judgment After Hearing
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption, Domicile, Article 8 ECHR, Public Policy, Adoption Requirements
Family Law Immigration Law International Private Law Recognition of Foreign Adoption Domicile Article 8 ECHR Public Policy Adoption Requirements

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Parties

Mr and Mrs W

Applicants

The Secretary of State for the Home Department

Intervenor

Procedural Posture

Application for Recognition of Foreign Adoption Order / Judgment After Hearing

Legal Issues

  1. 1 Whether Nigerian adoption order should be recognised under English law
  2. 2 Whether applicants were domiciled in Nigeria at time of adoption
  3. 3 Whether adoption complied with Nigerian law

Ratio Decidendi

The Nigerian adoption order is recognised because the applicants were domiciled in Nigeria, the adoption was validly made under Nigerian law, it has the same essential characteristics as an English adoption, and there is no public policy reason to refuse recognition. Alternatively, recognition is required at common law to respect Article 8 ECHR rights.

Court Disposition

Application granted

Orders

  • Nigerian adoption order recognised under English law
  • Applicants to be treated as parents of V for immigration purposes