KA v FA & Ors

KA v FA & Ors

Strict application of the In re Valentine’s Settlement test would prevent recognition of the adoption for FA, who was not domiciled in Nigeria at the time of adoption. This would disproportionately interfere with the applicants’ Article 8 ECHR rights to family life. In the specific circumstances, the court...

Source-derived case information.

Parties
First Applicant: KA; Second Applicant: FA; Respondent: B (through his Children’s Guardian Allison Baker); Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 August 2024
Procedural Posture
Family / Judgment on Application for Recognition of Foreign Adoption Order
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption, Domicile, Article 8 ECHR, Public Policy Exception, Adoption With Foreign Element
Family Law Private International Law Recognition of Foreign Adoption Domicile Article 8 ECHR Public Policy Exception Adoption With Foreign Element

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Parties

KA

First Applicant

FA

Second Applicant

B (through his Children’s Guardian Allison Baker)

Respondent

Secretary of State for the Home Department

Intervenor

Procedural Posture

Family / Judgment on Application for Recognition of Foreign Adoption Order

Legal Issues

  1. 1 Whether the Nigerian adoption order should be recognised at common law in England and Wales for both applicants despite only one being domiciled in Nigeria
  2. 2 Whether strict application of In re Valentine’s Settlement test breaches Article 8 ECHR rights of the applicants

Ratio Decidendi

Strict application of the In re Valentine’s Settlement test would prevent recognition of the adoption for FA, who was not domiciled in Nigeria at the time of adoption. This would disproportionately interfere with the applicants’ Article 8 ECHR rights to family life. In the specific circumstances, the court recognises the Nigerian adoption order in relation to both applicants.

Court Disposition

Application granted

Orders

  • The Nigerian adoption order of 4 December 2023 is recognised at common law in England and Wales in relation to both KA and FA.