X (Recognition of Foreign Adoption)

X (Recognition of Foreign Adoption)

The court held that the Nigerian adoption order met the residence requirement under section 134(1)(b) of the Anambra Child Rights Law 2004, based on X’s strong cultural, family, and practical ties to Anambra State, regular visits, maintenance of a family home, and financial support. The interpretation of residence was supported by expert evidence and English case law. The adoption order is subsisting and valid, and recognition is granted.

Parties
Applicant: X; Intervener: SSHD
Jurisdiction
England and Wales
Judgment Date
18 February 2021
Procedural Posture
Recognition of Foreign Adoption / Judgment
Outcome
Application granted; Nigerian adoption order recognised.
Legal Topics
Recognition of Foreign Adoption, Residence Requirement, Comity, Article 8 ECHR
Family Law International Private Law Recognition of Foreign Adoption Residence Requirement Comity Article 8 ECHR

Case Brief

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Parties

X

Applicant

SSHD

Intervener

Procedural Posture

Recognition of Foreign Adoption / Judgment

Legal Issues

  1. 1 Whether the Nigerian adoption order meets the mandatory residence requirement under Anambra Child Rights Law 2004 section 134(1)(b)
  2. 2 Whether the adoption order should be recognised under English law
  3. 3 Whether Article 8 ECHR is engaged if recognition is refused

Ratio Decidendi

The court held that the Nigerian adoption order met the residence requirement under section 134(1)(b) of the Anambra Child Rights Law 2004, based on X’s strong cultural, family, and practical ties to Anambra State, regular visits, maintenance of a family home, and financial support. The interpretation of residence was supported by expert evidence and English case law. The adoption order is subsisting and valid, and recognition is granted.

Court Disposition

Application granted; Nigerian adoption order recognised.

Orders

  • The Nigerian adoption order of 28 December 2016 is recognised in England and Wales.
  • No further consideration of Article 8 ECHR required.