Abimbola Badejo provides expert opinion in the case of DE and JE v TE and TT [2025] EWHC 687 (Fam)
DE and JE v TE and TT [2025] EWHC 687 (Fam) involves the consideration of the validity of a Nigerian adoption order in respect of young twins. Abimbola Badejo provided an expert opinion on the adoption concluding that it was valid and Mrs Justice Theis, sitting in the High Court, accepted his position. She therefore made an order recognising the Nigerian adoption.
Background
TE and TT are young twins, born to parents in Nigeria in 2013. In 2017, during the course of a further pregnancy, their mother (DE's niece) died. Their father was unable to look after them, so they went to live with their maternal grandfather (DE's younger brother). In 2020, he died leaving the children bereaved once again. They were then cared for by various members of the extended family before the applicants, DE and JE, decided to adopt them due to concerns about their welfare. Their father agreed to this in May 2021.
DE and JE live in the UK with their own two children born in 2013 and 2014. Since May 2021, TE and TT have lived with JE's sister in Nigeria, but with DE and JE assuming responsibility for them including supporting them financially, making decisions about their education and medical care, and speaking to them regularly (often daily). They travelled to Nigeria to spend a month with the children in August 2023.
The adoption order
On 11 September 2023 the Chief Magistrate in the Family Court of Edo State heard an application from the applicants, and granted leave to them to make an application to adopt TE and TT. The court directed the Ministry to conduct the necessary enquiries and send the report within 60 days. Later that month, a social welfare officer recommended that an adoption order be made.
On 5 December 2023 there was a further hearing before the Chief Magistrate. It was adjourned to secure the remote attendance of the father of the twins, who subsequently confirmed his consent to the adoption. The court also heard from TE who set out her wish to be adopted.
The Chief Magistrate made an adoption order in favour of the applicants in the following terms:
“Applicants are granted an order to adopt the aforesaid juveniles –
[TE] (female) and [TT] (female) born on [date of birth] 2013 respectively and shall assume full parental rights, duties, obligations, privileges and liabilities of natural parents over the said juveniles. In addition, the Applicants are hereby grant the right to travel and live with the juveniles in the United Kingdom or any other country of their choice without restriction.”
The children then travelled to the UK in February 2024 in order to stay with their adoptive parents. They started at school here in May 2024.
In June 2024, the applicants made the application for recognition of the Nigerian adoption. Recognition would start the process by which the applicants could regularise the immigration status of the children.
Directions were subsequently made, including a direction for an expert report.
The expert report
The expert report from Abimbola Badejo covered the following points:
- Whether the children were adopted in compliance with Nigerian law;
- The essential characteristics of a Nigerian adoption;
- Whether the essential characteristics of a Nigerian adoption order and an English adoption order are the same.
1. Mr Badejo concluded that the children were adopted in compliance with Nigerian law, subject to the question of whether they were in the care of the applicants for three consecutive months immediately preceding the adoption order as required by s 128 (e) of the Child Rights Law 2007 of Edo State. The care provided does not need to be physical in person care, but can instead be satisfied if the applicants directed the children’s care. In this case, as they did so, that was sufficient.
2. The essential characteristics of a Nigerian adoption are set out in set out in Section 138 of the Child Rights Law 2007, which provides that on an adoption order being made all rights, duties, obligations, liabilities, including any other order under personal law applicable to the parents of the child or any other person in relation to future custody, maintenance, supervision and education of the child including all religious rights, rights to appoint a guardian or to consent or give notice of dissent to marriage shall be extinguished and there shall be vested in and be exercisable by and enforceable against the adopter rights, duties and obligations and liabilities in respect of future custody and maintenance, supervision and education of the child.
Once an adoption order is made, the rights and liabilities of the biological parents are extinguished and vested in the adoptive parents. The children are treated as though they were born to the adoptive parents so they cannot marry any other biological or adopted child of the adoptive parents, and for the purposes of devolution of property on the intestacy, they have the same rights as a biological child of the adoptive parents. Effectively, an adoption order has the effect of severing all links between the child and its birth family and the child is treated for all purposes as the birth child of the adoptive parents.
3. Mr Badejo concluded that the essential characteristics of a Nigerian adoption order and an English adoption order are the same.
Mrs Justice Theis accepted Mr Badejo's opinion in its entirety
Was the adoption recognised?
At paragraph 56 of the judgment, Mrs Justice Theis noted that "Even though the application is not actively opposed by any party it is still necessary for the court to carefully scrutinise the evidence and consider whether the four criteria in Re Valentine’s Settlement for recognition at common law set out in Re N (ibid) are met, namely:
a) The adoptive parents must have been domiciled in the foreign country at the time of the foreign adoption.
b) The child must have been legally adopted in accordance with the requirements of the foreign law.
c) The foreign adoption must in substance have the same essential characteristics as an English adoption.
d) There must be no reason in public policy for refusing recognition."
The Judge turned first to b), confirming that "Mr Badejo’s written evidence, which I accept, comprehensively sets out the relevant requirements for an adoption order to be made." In this case, those requirements were met as set out in the Child Rights Law 2007 of Edo State.
In respect of c), the Judge accepted Mr Badejo's evidence on that point also commenting that "Second, Mr Badejo’s evidence is that the essential characteristics of English and Nigerian adoption orders are, in substance, the same."
The Judge found that d) did not apply to this case.
Turning finally to a) Mrs Justice Theis had to consider whether the applicants were domiciled in Nigeria at the time when the adoption order was made. This is a factual question and will turn on issues such as whether a domicile of choice has been acquired in preference to the 'tenacious' domicile of origin. DE gave factual evidence about the connections which he and JE had with Nigeria, which included annual visits to Nigeria, the wish to return and be buried there in due course; the fact that they both have Nigerian passports; and that they are well integrated into the Nigerian community in the UK. The Judge accepted that they had retained their domicile in Nigeria, and that when the adoption order was made in December 2023, both were domiciled in Nigeria.
The application for recognition of the adoption order was therefore successful.
Abimbola Badejo is dual qualified in England & Wales and Nigeria and has a thriving practice as an expert witness. He is frequently called upon to provide expert reports, particularly in respect of the recognition of Nigerian adoptions, and is both thorough and efficient in producing his reports. To instruct Abimbola, please contact Jay Dorton.