X (A Child) (Recognition of Nigerian Adoption) [2026] EWHC 638 (Fam) (17 March 2026)

X (A Child) (Recognition of Nigerian Adoption) [2026] EWHC 638 (Fam) (17 March 2026)

The Nigerian adoption order is valid and subsisting under Nigerian law and has the effect of creating a parent-child relationship between X and the applicants. Although the applicants did not strictly satisfy the residence requirement under Imo State law, this defect is not fundamental and does not amount to fraud or breach of natural justice. The adoption has the essential characteristics of an English adoption, and there is no public policy reason to refuse recognition. X's welfare strongly favours recognition, as it would provide her with stability, security, and a permanent family life with the applicants in the UK. Accordingly, the adoption order is recognised at common law in...

Citation
[2026] EWHC 638 (Fam)
Parties
Applicants: W and H; Child (by Children's Guardian Sarah Gwynne): X (A Child); Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Application for Recognition of Foreign Adoption / Final Judgment in High Court, Family Division
Outcome
Adoption order recognised at common law
Legal Topics
Recognition of Foreign Adoption, Intercountry Adoption, Public Policy in Adoption, Best Interests of the Child, Habitual Residence and Domicile, Adoption With Foreign Element, Special Restrictions on Adoptions From Abroad
Family Law Private International Law Child Law Recognition of Foreign Adoption Intercountry Adoption Public Policy in Adoption Best Interests of the Child Habitual Residence and Domicile +2 more

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Parties

W and H

Applicants

X (A Child)

Child (by Children's Guardian Sarah Gwynne)

Secretary of State for the Home Department

Intervener

Procedural Posture

Application for Recognition of Foreign Adoption / Final Judgment in High Court, Family Division

Legal Issues

  1. 1 Whether the Nigerian adoption order in favour of the applicants should be recognised in England and Wales at common law
  2. 2 Whether the adoption was made in accordance with Nigerian law and satisfies the Re Valentine's criteria
  3. 3 Whether public policy or welfare considerations preclude recognition

Ratio Decidendi

The Nigerian adoption order is valid and subsisting under Nigerian law and has the effect of creating a parent-child relationship between X and the applicants. Although the applicants did not strictly satisfy the residence requirement under Imo State law, this defect is not fundamental and does not amount to fraud or breach of natural justice. The adoption has the essential characteristics of an English adoption, and there is no public policy reason to refuse recognition. X's welfare strongly favours recognition, as it would provide her with stability, security, and a permanent family life with the applicants in the UK. Accordingly, the adoption order is recognised at common law in...

Court Disposition

Adoption order recognised at common law

Orders

  • The Nigerian adoption order of 31 January 2020 in favour of the applicants is recognised in England and Wales.
  • X is to be treated as the adopted child of the applicants for all purposes of English law.