A (a Child) (Recognition of Nigerian Adoption: common law test), Re

The Nigerian adoption order was legally effective, Mrs O was domiciled and resident in Nigeria at the time, the adoption extinguished the rights of the natural parents and created parental rights for Mrs O, and there is no public policy reason to refuse recognition. The common law tests for recognition are satisfied and the adoption is recognised.

Parties: Applicant: Mrs O; Not a Party (declined to Be Interested Party): Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 18 November 2024
Procedural Posture: Family / Judgment on Application for Recognition of Foreign Adoption
Outcome: Application granted
Legal Topics: Recognition of Foreign Adoption, Domicile, Status of Children, Public Policy Exception, Article 8 ECHR

Family Law Private International Law Recognition of Foreign Adoption Domicile Status of Children Public Policy Exception Article 8 ECHR

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Parties

Mrs O

Applicant

Secretary of State for the Home Department

Not a Party (declined to Be Interested Party)

Procedural Posture

Family / Judgment on Application for Recognition of Foreign Adoption

Legal Issues

1 Whether the Nigerian adoption of child A by Mrs O should be recognised at common law in England and Wales
2 Whether the adoption meets the common law tests for recognition of foreign adoptions

Ratio Decidendi

Court Disposition

Application granted

Orders

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