X (A Child) (Recognition of Nigerian Adoption), Re

X (A Child) (Recognition of Nigerian Adoption), Re

The Nigerian adoption order is recognised at common law because all four Re Valentine's criteria are satisfied: both applicants were domiciled in Nigeria at the time of the order; the adoption was validly created under Nigerian law; the adoption has the same essential characteristics as an English adoption; and there are no public policy reasons to refuse recognition. Any technical non-compliance with residence requirements is not fundamental. There is no evidence of fraud or breach of natural justice. Recognition is also in X's best interests.

Parties
Applicant: W; Applicant: H; Subject Child: X (a child); Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Family Recognition of Foreign Adoption / Final Judgment
Outcome
Nigerian adoption order recognised at common law in England and Wales.
Legal Topics
Recognition of Foreign Adoption, Domicile, Habitual Residence, Public Policy, Best Interests of the Child, Article 8 ECHR, UNCRC, Adoption With Foreign Element, Special Restrictions on Adoptions From Abroad
Family Law Private International Law Child Law Recognition of Foreign Adoption Domicile Habitual Residence Public Policy Best Interests of the Child +4 more

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Parties

W

Applicant

H

Applicant

X (a child)

Subject Child

Secretary of State for the Home Department

Intervener

Procedural Posture

Family Recognition of Foreign Adoption / Final Judgment

Legal Issues

  1. 1 Whether the Nigerian adoption order in respect of X should be recognised at common law in England and Wales
  2. 2 Whether the adoption was made in accordance with Nigerian law
  3. 3 Whether the Re Valentine's criteria for recognition are satisfied

Ratio Decidendi

The Nigerian adoption order is recognised at common law because all four Re Valentine's criteria are satisfied: both applicants were domiciled in Nigeria at the time of the order; the adoption was validly created under Nigerian law; the adoption has the same essential characteristics as an English adoption; and there are no public policy reasons to refuse recognition. Any technical non-compliance with residence requirements is not fundamental. There is no evidence of fraud or breach of natural justice. Recognition is also in X's best interests.

Court Disposition

Nigerian adoption order recognised at common law in England and Wales.

Orders

  • The adoption of X by W and H in Nigeria is recognised as valid in England and Wales.