AMDK v NA

AMDK v NA

All four criteria for recognition of a foreign adoption at common law are satisfied: the applicant was domiciled in Uganda at the time of adoption; the child was legally adopted under Ugandan law; the Ugandan adoption has the same essential characteristics as an English adoption; and there is no public policy reason to refuse recognition. Therefore, the Ugandan adoption order is recognised in England and Wales.

Parties
Applicant: A M D K; Respondent: NA
Jurisdiction
England and Wales
Judgment Date
06 March 2020
Procedural Posture
Application for Recognition of Foreign Adoption Order / Final Hearing and Judgment
Outcome
application granted
Legal Topics
Recognition of Foreign Adoption, Domicile, Public Policy, Adoption Law
Family Law Private International Law Recognition of Foreign Adoption Domicile Public Policy Adoption Law

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Parties

A M D K

Applicant

NA

Respondent

Procedural Posture

Application for Recognition of Foreign Adoption Order / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the Ugandan adoption order should be recognised at common law in England and Wales

Ratio Decidendi

All four criteria for recognition of a foreign adoption at common law are satisfied: the applicant was domiciled in Uganda at the time of adoption; the child was legally adopted under Ugandan law; the Ugandan adoption has the same essential characteristics as an English adoption; and there is no public policy reason to refuse recognition. Therefore, the Ugandan adoption order is recognised in England and Wales.

Court Disposition

application granted

Orders

  • The adoption of the child by the applicant on 2 August 2018 by order of the High Court of Uganda is recognised in England and Wales at common law with immediate effect.