G (Recognition of a Nigerian Adoption), Re
[2024] EWHC 2769 (Fam)
A (a Child) (Recognition of Nigerian Adoption: common law test), Re
17 November 2024
[2024] EWHC 2888 (Fam)
High Court
A British woman adopted her niece in Nigeria. Because Nigeria's adoption laws are different from the UK's, a UK judge had to decide if the adoption was valid here. The judge looked at whether the adoption followed Nigerian law and didn't find any reason to say it wasn't valid. So, the adoption is now recognised in the UK, which helps the family live together.
Key Facts
- •Mrs. O applies for recognition of her daughter A's Nigerian adoption under common law to enable A's move to the UK.
- •A was born in Nigeria in 2015 to parents struggling with substance abuse and mental health issues.
- •Mrs. O, A's aunt, became A's legal guardian in 2019 and subsequently adopted her in Nigeria in 2020.
- •Nigeria is not a signatory to the 1993 Hague Convention on Intercountry Adoption.
- •The UK government has concerns about the Nigerian adoption system, as detailed in the Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021.
Legal Principles
Common law test for recognition of foreign adoptions: (1) Adoptive parents domiciled in the foreign country; (2) Child legally adopted according to foreign law; (3) Foreign adoption has the same essential characteristics as an English adoption; (4) No public policy reason for refusal.
In re Valentines Settlement [1965] Ch 831; In re N (A Child) [2018] Fam 117
Section 66 of the Adoption and Children Act 2002 and Section 9 of the Adoption and Children Act 2006 concerning recognition of overseas adoptions and restrictions on adoptions from Nigeria.
Adoption and Children Act 2002, Adoption and Children Act 2006, Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021
A person can have more than one place of residence.
Fox v Stirk [1970] 2 QB 463
Outcomes
The court grants Mrs. O's application for recognition of the Nigerian adoption.
All four common law criteria are met. The court finds the Nigerian adoption order was legally effective, even addressing concerns raised by an expert about Mrs. O's residency and A's abandonment. The court emphasizes that the focus is on the outcome (a legally effective adoption order) rather than the process followed by the Nigerian court.