A (a Child) (Recognition of Nigerian Adoption: common law test), Re
[2024] EWHC 2888 (Fam)
G (Recognition of a Nigerian Adoption), Re
31 October 2024
[2024] EWHC 2769 (Fam)
High Court
A mum adopted a girl in Nigeria and wants to bring her to the UK. The UK court had to decide if the Nigerian adoption was good enough. Even though some paperwork was missing and there were some problems with how the adoption happened in Nigeria, the court said yes because the mum and girl are a family, and it would be unfair to not let them live together in the UK.
Key Facts
- •A Nigerian adoption order granted in June 2016 is sought to be recognised in the UK.
- •The applicant, Mrs. B, lives in the UK and wishes to bring the adopted child, G, to live with her.
- •G is currently living with Mrs. B's cousin in Nigeria.
- •G was found abandoned and adopted by Mrs. B after a period of monitoring and welfare checks by Nigerian authorities.
- •Mrs. B has indefinite leave to remain in the UK and is employed as a social worker.
- •G has a diagnosis of cerebral palsy and generalised seizures.
- •Previous applications for G to join Mrs. B in the UK were refused.
- •The Secretary of State for the Home Department (SSHD) intervened, raising concerns about the compliance of the Nigerian adoption with local law.
Legal Principles
Recognition of foreign adoptions in the UK under common law.
Re N (A Child) [2016] EWHC 3085 (Fam); Re Valentines Settlement
Criteria for common law recognition of foreign adoption: (a) Adoptive parents domiciled in foreign country at the time; (b) Child legally adopted according to foreign law; (c) Foreign adoption has same essential characteristics as English adoption; (d) No public policy reason for refusing recognition.
Re N (A Child) [2016] EWHC 3085 (Fam)
Child's best interests are not a factor in deciding whether to recognise an adoption at common law.
Re N (A Child) [2016] EWHC 3085 (Fam)
Public policy considerations are strictly limited, only applying in egregious cases.
Re N (A Child) [2016] EWHC 3085 (Fam)
Article 8 ECHR considerations: The court must act compatibly with the right to respect for family life. Strict application of domicile rules may be disproportionate if it interferes with Article 8 rights.
QS v RS and T (No 3) [2016] EWHC 2470 (Fam); KN & Anor v RN and Ors [2023] EWHC 712 (Fam)
Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021: Concerns about Nigerian adoptions include unreliable documentation, corruption, child trafficking, and weaknesses in pre- and post-adoption monitoring.
Special Restrictions on Adoptions from Abroad (Nigeria) Order 2021
Exceptional cases can be considered despite special restrictions under the Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) Regulations 2008.
Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) Regulations 2008
Outcomes
The application for recognition of the Nigerian adoption is granted.
The court found that the common law criteria for recognition were met, or that any failure to meet them was outweighed by Article 8 considerations. Despite some procedural irregularities in the Nigerian adoption process and missing documentation, the court inferred that the necessary considerations regarding Mrs. B's suitability and G's best interests were made by the Nigerian court.