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)

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