DE & Anor v TE & Anor [2025] EWHC 687 (Fam) (18 March 2025)

DE & Anor v TE & Anor [2025] EWHC 687 (Fam) (18 March 2025)

The Nigerian adoption order is recognised at common law because the applicants retained their Nigerian domicile of origin, the adoption complied with Nigerian law, the order has the same essential characteristics as an English adoption, and there is no public policy reason to refuse recognition.

Citation
[2025] EWHC 687 (Fam)
Parties
Applicant: DE; Applicant: JE; Respondent (child): TE; Respondent (child): TT; Children's Guardian: Ms Callaghan; Intervenor: Secretary of State for the Home Department (SSHD)
Jurisdiction
England and Wales
Judgment Date
18 March 2025
Procedural Posture
Application for Recognition of Foreign Adoption / Final Judgment After Hearing
Outcome
Application granted; Nigerian adoption order recognised at common law.
Legal Topics
Recognition of Foreign Adoption, Domicile, Public Policy in Adoption, Article 8 ECHR, Adoption and Children Act 2002, Nigerian Adoption Law
Family Law Private International Law Recognition of Foreign Adoption Domicile Public Policy in Adoption Article 8 ECHR Adoption and Children Act 2002 Nigerian Adoption Law

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Parties

DE

Applicant

JE

Applicant

TE

Respondent (child)

TT

Respondent (child)

Ms Callaghan

Children's Guardian

Secretary of State for the Home Department (SSHD)

Intervenor

Procedural Posture

Application for Recognition of Foreign Adoption / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the Nigerian adoption order should be recognised at common law in England and Wales
  2. 2 Whether the applicants were domiciled in Nigeria at the time of the adoption
  3. 3 Whether the adoption complied with Nigerian law

Ratio Decidendi

The Nigerian adoption order is recognised at common law because the applicants retained their Nigerian domicile of origin, the adoption complied with Nigerian law, the order has the same essential characteristics as an English adoption, and there is no public policy reason to refuse recognition.

Court Disposition

Application granted; Nigerian adoption order recognised at common law.

Orders

  • Recognition at common law of the Nigerian adoption order for TE and TT.
  • No removal of the children from the UK pending regularisation of their immigration status.