KA & Anor v B [2024] EWHC 2855 (Fam) (07 November 2024)

KA & Anor v B [2024] EWHC 2855 (Fam) (07 November 2024)

Strict application of the domicile requirement would disproportionately interfere with the applicants' Article 8 rights to family life; recognition of the Nigerian adoption order is granted for both applicants despite only one being domiciled in Nigeria.

Citation
[2024] EWHC 2855 (Fam)
Parties
First Applicant: KA; Second Applicant: FA; Respondent: B; Intervenor: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 November 2024
Procedural Posture
Application for Recognition of Foreign Adoption Order / Judgment
Outcome
Application granted; Nigerian adoption order recognised for both applicants.
Legal Topics
Recognition of Foreign Adoption, Domicile, Article 8 ECHR, Public Policy Exceptions
Family Law International Private Law Recognition of Foreign Adoption Domicile Article 8 ECHR Public Policy Exceptions

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Parties

KA

First Applicant

FA

Second Applicant

B

Respondent

The Secretary of State for the Home Department

Intervenor

Procedural Posture

Application for Recognition of Foreign Adoption Order / Judgment

Legal Issues

  1. 1 Whether the Nigerian adoption order should be recognised at common law in England
  2. 2 Whether both applicants satisfy the domicile requirement for recognition
  3. 3 Whether Article 8 ECHR requires relaxation of the domicile requirement

Ratio Decidendi

Strict application of the domicile requirement would disproportionately interfere with the applicants' Article 8 rights to family life; recognition of the Nigerian adoption order is granted for both applicants despite only one being domiciled in Nigeria.

Court Disposition

Application granted; Nigerian adoption order recognised for both applicants.

Orders

  • Recognition of the Nigerian adoption order in favour of both KA and FA.