DD v AF & Ors [2026] EWHC 247 (Fam) (13 February 2026)

DD v AF & Ors [2026] EWHC 247 (Fam) (13 February 2026)

The court found that the applicant failed to comply with the statutory requirements for intercountry adoption, including section 83 ACA 2002 and the special restrictions imposed on adoptions from Nigeria under section 9 Children and Adoption Act 2006 and the 2021 Order. The evidence regarding the Nigerian adoption was inconsistent and unreliable, and the applicant did not obtain the necessary exception from the Secretary of State. The welfare analysis did not outweigh the strong public policy considerations against circumventing statutory safeguards. Accordingly, the application for a domestic adoption order was refused.

Citation
[2026] EWHC 247 (Fam)
Parties
Applicant: DD; First Respondent: AF; Second Respondent: London Borough of Bromley; Third Respondent: FD (by her Children's Guardian); Intervener: The Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
13 February 2026
Procedural Posture
Adoption Application (domestic With Foreign Element) / Final Judgment
Outcome
Application for adoption order refused
Legal Topics
Adoption With Foreign Element, Recognition of Foreign Adoptions, Special Restrictions on Adoptions From Abroad, Section 83 Adoption and Children Act 2002, Section 9 Children and Adoption Act 2006, Best Interests of the Child, Public Policy in Adoption, Immigration Status and Adoption
Family Law Adoption Law Private International Law Adoption With Foreign Element Recognition of Foreign Adoptions Special Restrictions on Adoptions From Abroad Section 83 Adoption and Children Act 2002 Section 9 Children and Adoption Act 2006 +3 more

Case Brief

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Parties

DD

Applicant

AF

First Respondent

London Borough of Bromley

Second Respondent

FD (by her Children's Guardian)

Third Respondent

The Secretary of State for Education

Intervener

Procedural Posture

Adoption Application (domestic With Foreign Element) / Final Judgment

Legal Issues

  1. 1 Whether the requirements of section 83 Adoption and Children Act 2002 are engaged and/or breached
  2. 2 Whether the Nigerian adoption is recognised in England and Wales
  3. 3 Whether special restrictions under section 9 Children and Adoption Act 2006 preclude the making of an adoption order

Ratio Decidendi

The court found that the applicant failed to comply with the statutory requirements for intercountry adoption, including section 83 ACA 2002 and the special restrictions imposed on adoptions from Nigeria under section 9 Children and Adoption Act 2006 and the 2021 Order. The evidence regarding the Nigerian adoption was inconsistent and unreliable, and the applicant did not obtain the necessary exception from the Secretary of State. The welfare analysis did not outweigh the strong public policy considerations against circumventing statutory safeguards. Accordingly, the application for a domestic adoption order was refused.

Court Disposition

Application for adoption order refused

Orders

  • Refusal of adoption order in favour of the applicant
  • No order as to costs