W v The Secretary of State for the Home Department

W v The Secretary of State for the Home Department

The Nigerian adoption order is recognised because the applicants were domiciled in Nigeria at the time of adoption, the adoption was valid 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 would be granted at common law to avoid breach of Article 8 ECHR rights.

Parties
Applicants: Mr and Mrs W; Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 July 2017
Procedural Posture
Application for Recognition of Foreign Adoption / Judgment After Hearing of Legal Arguments and Evidence
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption, Domicile, Public Policy, Article 8 ECHR, Adoption and Children Act 2002, Immigration Rules
Family Law Immigration Law Private International Law Recognition of Foreign Adoption Domicile Public Policy Article 8 ECHR Adoption and Children Act 2002 +1 more

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Parties

Mr and Mrs W

Applicants

Secretary of State for the Home Department

Intervenor

Procedural Posture

Application for Recognition of Foreign Adoption / Judgment After Hearing of Legal Arguments and Evidence

Legal Issues

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

Ratio Decidendi

The Nigerian adoption order is recognised because the applicants were domiciled in Nigeria at the time of adoption, the adoption was valid 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 would be granted at common law to avoid breach of Article 8 ECHR rights.

Court Disposition

Application granted

Orders

  • The Nigerian adoption order is recognised under English law
  • The appeal period runs from the date the order consequent upon the judgment is made