A (a Child) (Recognition of Nigerian Adoption: common law test) [2024] EWHC 2888 (Fam) (17 November 2024)

A (a Child) (Recognition of Nigerian Adoption: common law test) [2024] EWHC 2888 (Fam) (17 November 2024)

The Nigerian adoption order was legally effective to change A's status under Nigerian law, Mrs O was domiciled and resident in Nigeria at the relevant time, the adoption had the same essential characteristics as an English adoption, and there was no public policy reason to refuse recognition. Therefore, the adoption is recognised at common law in England and Wales.

Citation
[2024] EWHC 2888 (Fam)
Parties
Applicant: Mrs O; Potential Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Family Law Recognition of Foreign Adoption / Judgment on Application for Recognition of Nigerian Adoption at Common Law
Outcome
Application granted
Legal Topics
Recognition of Foreign Adoption, Domicile, Public Policy in Adoption, Status of Child Under Foreign Law, Article 8 ECHR
Family Law Private International Law Recognition of Foreign Adoption Domicile Public Policy in Adoption Status of Child Under Foreign Law Article 8 ECHR

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Parties

Mrs O

Applicant

Secretary of State for the Home Department

Potential Interested Party

Procedural Posture

Family Law Recognition of Foreign Adoption / Judgment on Application for Recognition of Nigerian Adoption at Common Law

Legal Issues

  1. 1 Whether the Nigerian adoption of A by Mrs O should be recognised at common law in England and Wales
  2. 2 Whether the adoption meets the four common law criteria for recognition
  3. 3 Whether public policy or procedural irregularities prevent recognition

Ratio Decidendi

The Nigerian adoption order was legally effective to change A's status under Nigerian law, Mrs O was domiciled and resident in Nigeria at the relevant time, the adoption had the same essential characteristics as an English adoption, and there was no public policy reason to refuse recognition. Therefore, the adoption is recognised at common law in England and Wales.

Court Disposition

Application granted

Orders

  • Declaration made that Mrs O's Nigerian adoption of A is recognised at common law in England and Wales