DE & Anor v TE & Ors

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

Parties: Applicant: DE; Applicant: JE; Child: TE; Child: TT; Intervenor: Secretary of State for the Home Department (SSHD)
Jurisdiction: England and Wales
Judgment Date: 21 March 2025
Procedural Posture: Application for Recognition of Foreign Adoption / Final Judgment
Outcome: application granted
Legal Topics: Recognition of Foreign Adoption, Domicile, Public Policy, Immigration Consequences

Family Law Conflict of Laws Recognition of Foreign Adoption Domicile Public Policy Immigration Consequences

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Parties

Applicant

Child

Secretary of State for the Home Department (SSHD)

Intervenor

Procedural Posture

Application for Recognition of Foreign Adoption / Final Judgment

Legal Issues

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

Ratio Decidendi

Court Disposition

application granted

Orders

Recognition at common law of the Nigerian adoption order for TE and TT
Applicants to apply promptly to regularise the children's immigration status in the UK