KA v FA & Ors
[2024] EWHC 2855 (Fam)
KN & Anor v RN & Ors.
21 March 2023
[2023] EWHC 712 (Fam)
High Court
A Nigerian couple adopted two children in Nigeria. There were some problems with the paperwork, but a UK court decided the adoptions were valid because the children would lose important family rights if the adoptions weren't recognized. However, the court couldn't fully finalize things in the UK because of technical rules about where the children officially 'live'.
Key Facts
- •BN and KN, a Nigerian couple, applied for recognition of Nigerian adoption orders for RN and TN.
- •Adoptions were made in Imo State, Nigeria on September 4, 2019.
- •Applicants sought a declaration under s. 57 of the Family Law Act 1986 that they are the adopted children of KN and BN.
- •Significant discrepancies existed in the adoption documentation, particularly concerning TN's birth mother's consent.
- •The Secretary of State for the Home Department intervened, highlighting concerns about the Nigerian adoption system.
- •Children resided with BN's extended family in Nigeria since June 2019.
- •Applicants sought recognition of Nigerian adoptions at common law and declarations under s.57 of the Family Law Act 1986.
- •Expert evidence on Nigerian law was provided by Mr. Abimbola Badejo.
Legal Principles
Common law test for recognition of foreign adoption (In re Valentine's Settlement):
Re N (A Child) [2016] EWHC 3085 (Fam)
Domicile determination:
Mark v Mark [2006] 1 AC 98; ELO v CLO [2017] EWHC 3574 (Fam)
Public policy in foreign adoption recognition:
Re N (A Child)
Article 8 ECHR (right to respect for family life):
Various cases cited in the judgement
Jurisdiction for declarations under s. 57 of the Family Law Act 1986:
Family Law Act 1986, s. 57
Domicile of a dependent child:
Henderson v Henderson [1967] P 77
Adoption under Nigerian Law (Imo State Child Rights Law 2004):
Expert evidence of Mr. Badejo
Outcomes
Recognition of Nigerian adoption orders at common law for RN.
Met the In re Valentine's Settlement criteria.
Recognition of Nigerian adoption orders at common law for TN.
Strict application of In re Valentine's Settlement would be a disproportionate interference with Article 8 rights; de facto family life exists.
Dismissal of applications for declarations under s. 57 of the Family Law Act 1986.
Court lacked jurisdiction; children were not domiciled in England and Wales as at 21 March 2022.