ELO v CLO (recognition of a Nigerian adoption order) [2017] EWHC 3574 (Fam) (08 December 2017)

ELO v CLO (recognition of a Nigerian adoption order) [2017] EWHC 3574 (Fam) (08 December 2017)

The applicants retained their Nigerian domicile of origin and did not acquire a domicile of choice in the UK. The adoption order was made in accordance with Nigerian law, with lawful waivers of certain requirements by the Nigerian court and Ministry. The order should be recognised under English law as the four criteria are satisfied.

Citation
[2017] EWHC 3574 (Fam)
Parties
1st Applicant: ELO; 2nd Applicant: CLO; Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
08 December 2017
Procedural Posture
Application for Recognition of Foreign Adoption Order / Judgment After Contested Hearing
Outcome
Application granted; Nigerian adoption order recognised.
Legal Topics
Recognition of Foreign Adoption Orders, Domicile, Intercountry Adoption, Immigration Status of Adopted Children
Family Law Private International Law Immigration Law Recognition of Foreign Adoption Orders Domicile Intercountry Adoption Immigration Status of Adopted Children

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Parties

ELO

1st Applicant

CLO

2nd Applicant

Secretary of State for the Home Department

Intervenor

Procedural Posture

Application for Recognition of Foreign Adoption Order / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the applicants retained Nigerian domicile at the time of the adoption order
  2. 2 Whether the adoption order was made in accordance with Nigerian law
  3. 3 Whether the adoption order should be recognised under English law

Ratio Decidendi

The applicants retained their Nigerian domicile of origin and did not acquire a domicile of choice in the UK. The adoption order was made in accordance with Nigerian law, with lawful waivers of certain requirements by the Nigerian court and Ministry. The order should be recognised under English law as the four criteria are satisfied.

Court Disposition

Application granted; Nigerian adoption order recognised.

Orders

  • Recognition of the Nigerian adoption order dated 4 March 2014 in favour of the applicants concerning V.
  • Applicants to be treated as V's parents for purposes of English law and immigration.