G (Recognition of a Nigerian Adoption), Re

G (Recognition of a Nigerian Adoption), Re

The Nigerian adoption order is recognised at common law because Mrs B was domiciled in Nigeria at the time of adoption, the adoption substantially complied with Nigerian law, and refusal to recognise would constitute a disproportionate interference with Article 8 ECHR rights.

Parties
Applicant: Mrs B; Child: G; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Family / Judgment
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption, Domicile, Article 8 ECHR, Public Policy, Adoption Formalities
Family Law International Law Immigration Law Recognition of Foreign Adoption Domicile Article 8 ECHR Public Policy Adoption Formalities

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Parties

Mrs B

Applicant

G

Child

Secretary of State for the Home Department

Intervener

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the Nigerian adoption of G by Mrs B should be recognised at common law in England and Wales
  2. 2 Whether Mrs B was domiciled in Nigeria at the time of adoption
  3. 3 Whether the adoption complied with Nigerian law

Ratio Decidendi

The Nigerian adoption order is recognised at common law because Mrs B was domiciled in Nigeria at the time of adoption, the adoption substantially complied with Nigerian law, and refusal to recognise would constitute a disproportionate interference with Article 8 ECHR rights.

Court Disposition

Application granted

Orders

  • Recognition of Nigerian adoption of G by Mrs B at common law
  • Immigration consequences to be determined by Secretary of State for the Home Department