KN & Anor v RN & Ors.
[2023] EWHC 712 (Fam)
KA v FA & Ors
7 November 2024
[2024] EWHC 2855 (Fam)
High Court
A British-Nigerian couple adopted a teenager in Nigeria. Even though one parent didn't meet all the legal requirements for UK recognition of the adoption, a judge allowed it because refusing would unfairly hurt the family's rights and the child's well-being.
Key Facts
- •KA and FA, a Nigerian-British couple, sought common law recognition in the UK of a Nigerian adoption order for B, a 16-year-old they had cared for since he was found on the streets of Lagos.
- •The adoption order was granted by the Family Court of Lagos in December 2023 after a lengthy process delayed by the Covid-19 pandemic.
- •The applicants are represented by Jack Owen, B (through his Children's Guardian Allison Baker) is represented by Dorothea Gartland KC and the Secretary of State for the Home Department, who is neutral, is represented by Luke Tattersall.
- •The applicants had previously obtained a Guardianship Order for B in Lagos in 2017.
- •FA's oral evidence regarding his domicile conflicted with his written statement, stating he considered England his home, while his written statement implied otherwise.
- •KA's evidence indicated she considered Nigeria her domicile.
- •B's Guardian supported the application, addressing potential concerns about the applicants' age and living arrangements.
Legal Principles
Common law recognition of foreign adoption orders requires meeting four conditions: (a) adoptive parents domiciled in the foreign country; (b) legal adoption under foreign law; (c) foreign adoption's essential characteristics matching English adoption; (d) no public policy reason for refusal.
In re Valentine's Settlement [1965] Ch 226, reaffirmed in In re N (A Child) [2016] EWHC 3085 (Fam)
Article 8 ECHR (right to respect for private and family life) can inform the public policy test, particularly where strict application of the Valentine's Settlement test would breach Article 8 rights.
In re N (A Child) [2016] EWHC 3085 (Fam); S v S (No 3) 2017 Fam 167; KN and BN and RN and TN and the Secretary of State for the Home Department [2023] EWHC 712 (Fam)
Section 9 of the Children and Adoption Act 2006 and the Adoption with a Foreign Element (Special Regulations on Adoptions from Abroad) Regulations 2008 address special restrictions on adoptions from certain countries, including Nigeria, but do not dictate the court's decision on recognition.
Children and Adoption Act 2006, s.9; Adoption with a Foreign Element Regulations 2008
Outcomes
The court recognised the Nigerian adoption order in relation to both KA and FA.
While FA's domicile in the UK at the time of the adoption technically failed one of the Valentine's Settlement conditions, the court considered this a disproportionate interference with the family's Article 8 rights, given their long-standing marriage, the applicants' genuine motivation, and the lack of viable alternatives.