KN & Anor v RN & Ors.

KN & Anor v RN & Ors.

The Nigerian adoptions of RN and TN are recognised at common law as KN and BN were domiciled in Nigeria at the time, RN's adoption met Nigerian legal requirements, and TN's adoption, despite concerns about consent documentation, is recognised to avoid disproportionate interference with Article 8 rights. However, the court lacks jurisdiction to grant declarations under s.57 of the Family Law Act 1986 as the children were not domiciled in England and Wales at the time of application.

Parties
Applicant: KN; Applicant: BN; Respondent: RN; Respondent: TN; Intervenor: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 March 2023
Procedural Posture
Family / Final Judgment
Outcome
Nigerian adoptions of RN and TN recognised at common law; applications for declarations under s.57 Family Law Act 1986 dismissed.
Legal Topics
Recognition of Foreign Adoption, Domicile, Article 8 ECHR, Public Policy, Declarations Under Family Law Act 1986
Family Law International Private Law Human Rights Recognition of Foreign Adoption Domicile Article 8 ECHR Public Policy Declarations Under Family Law Act 1986

Case Brief

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Parties

KN

Applicant

BN

Applicant

RN

Respondent

TN

Respondent

Secretary of State for the Home Department

Intervenor

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether Nigerian adoption orders for RN and TN should be recognised at common law in England and Wales
  2. 2 Whether the court has jurisdiction to grant declarations under s.57 of the Family Law Act 1986
  3. 3 Whether the adoptions meet the criteria in In re Valentine's Settlement

Ratio Decidendi

The Nigerian adoptions of RN and TN are recognised at common law as KN and BN were domiciled in Nigeria at the time, RN's adoption met Nigerian legal requirements, and TN's adoption, despite concerns about consent documentation, is recognised to avoid disproportionate interference with Article 8 rights. However, the court lacks jurisdiction to grant declarations under s.57 of the Family Law Act 1986 as the children were not domiciled in England and Wales at the time of application.

Court Disposition

Nigerian adoptions of RN and TN recognised at common law; applications for declarations under s.57 Family Law Act 1986 dismissed.

Orders

  • Recognition at common law of Nigerian adoption orders for RN and TN.
  • No declarations under s.57 Family Law Act 1986 granted.