G, Re (Recognition of a Nigerian Adoption) [2024] EWHC 2769 (Fam) (31 October 2024)

G, Re (Recognition of a Nigerian Adoption) [2024] EWHC 2769 (Fam) (31 October 2024)

The Nigerian adoption of G by Mrs B is recognised at common law because Mrs B had resumed her Nigerian domicile at the time of adoption, the adoption was substantively compliant with Nigerian law despite procedural irregularities, there is no public policy bar, and refusal to recognise would constitute a disproportionate interference with the Article 8 ECHR rights of Mrs B and G.

Citation
[2024] EWHC 2769 (Fam)
Parties
Applicant: Mrs B; Child: G; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
31 October 2024
Procedural Posture
Application for Recognition of Foreign Adoption / Final Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption, Domicile, Public Policy Exception, Article 8 ECHR, Adoption and Children Act 2002, Special Restrictions on Adoptions From Abroad
Family Law Private International Law Human Rights Recognition of Foreign Adoption Domicile Public Policy Exception Article 8 ECHR Adoption and Children Act 2002 +1 more

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Parties

Mrs B

Applicant

G

Child

Secretary of State for the Home Department

Intervener

Procedural Posture

Application for Recognition of Foreign Adoption / Final Judgment After Contested Hearing

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 the adoption
  3. 3 Whether the adoption complied with Nigerian law

Ratio Decidendi

The Nigerian adoption of G by Mrs B is recognised at common law because Mrs B had resumed her Nigerian domicile at the time of adoption, the adoption was substantively compliant with Nigerian law despite procedural irregularities, there is no public policy bar, and refusal to recognise would constitute a disproportionate interference with the Article 8 ECHR rights of Mrs B and G.

Court Disposition

Application granted

Orders

  • Recognition of the Nigerian adoption of G by Mrs B at common law