The Recognition at Common Law of Nigerian Adoption Orders in the UK and the Role of the 1993 Hague Convention on Inter-country Adoption in Nigeria: Learning from Re V (A Child) (Recognition of Foreign Adoption) [2017] EWHC 1733 (Fam)

Onyója Momoh

doi:10.7176/jlpg/98-18

Abstract

As a non-contracting party to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption, Nigerian inter-country adoptions are not 'Convention' adoptions nor are they afforded ‘recognition’ in a straightforward way. In the UK, an application to the High Court under the inherent jurisdiction for the recognition of a foreign order is the only route available to the applicants and remains the only route available for Nigerian adoption orders. This article argues that the benefits for Nigeria of acceding to the 1993 Hague Convention are far reaching, the default position of recognition at common law is not sustainable. The best interests and welfare of the Nigerian child demands a robust and protective practice of inter-country adoption and the recognition of foreign adoptions. Keywords: Intercountry adoption, recognition of foreign adoption, children rights, protection of children, Nigeria, Treaties, 1993 Hague Convention DOI: 10.7176/JLPG/98-18 Publication date: June 30th 2020

Highlights

Nigeria is not a signatory to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“1993 Hague Convention”) to enable Convention adoptions, and where it concerns the UK, it is no longer on the list of designated countries through which a foreign adoption may still be recognised by English law
In the case of Re V (A Child) (Recognition of Foreign Adoption) [2017] EWHC 1733 (Fam), Mrs Justice Pauffley allowed the application for recognition of a Nigerian adoption order in respect of ‘V’, a two-yearold adoptive son of Mr and Mrs W
The parties, Mr and Mrs W were a married couple on a UK Tier 2 visa, and lawfully resident in the UK

Summary

Introduction

Nigeria is not a signatory to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“1993 Hague Convention”) to enable Convention adoptions, and where it concerns the UK, it is no longer on the list of designated countries through which a foreign adoption may still be recognised by English law. In the case of Re V (A Child) (Recognition of Foreign Adoption) [2017] EWHC 1733 (Fam), Mrs Justice Pauffley allowed the application for recognition of a Nigerian adoption order in respect of ‘V’, a two-yearold adoptive son of Mr and Mrs W. Neither was it open to Mr and Mrs W to apply for a domestic adoption order under s.83 of the Adoption and Children Act 2002 and regulation 4(2) of the Adoptions with a Foreign Element Regulations 2005 – this was on the basis that they could not be issued a certificate of eligibility for a foreign adoptive child as they were only temporarily resident in the UK (in other words, they did not have indefinite leave to remain). The SSHD appeared to be neutral in their position, from the outset, the SSHD sought a rigorous examination of the issues by the court, in particular in relation to the challenge on domicile, the lawfulness of the adoption 2and public policy reasons.

The Decision

Conclusion