Adoption order application for child from Sierra Leone

Background and Context

The High Court recently deliberated on an application for an adoption order concerning a child, B, who was originally adopted in Sierra Leone by a couple residing in the United Arab Emirates (UAE). The case, presided over by Mrs Justice Judd, highlighted the legal intricacies involved when adoption orders from non-Hague Convention countries are not automatically recognised in England and Wales.

The Adoption Process

The applicants, a married couple with one British national, adopted B in Sierra Leone in 2019. They had been residing in the UAE since 2018 and had no recent permanent residence in the UK. The adoption process in Sierra Leone was facilitated by a local lawyer and involved the consent of B's family members, including the birth father and the mother's adult son.

Legal Challenges

The primary legal challenge was the recognition of the Sierra Leone adoption order in England, as Sierra Leone is not a signatory to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The applicants sought a British adoption order to ensure B's entry into the UK as a British citizen and to secure B's legal status as their child under English law.

Statutory Framework

The court had to consider the statutory requirements under the Adoption and Children Act 2002, including the necessity for either applicant to be domiciled in the UK and for the child to have lived with the applicants for a specified period. Additionally, the court examined whether the local authority had sufficient opportunities to assess the family in their home environment in the UK, a requirement under section 42(7)(b) of the Act.

Court's Decision

Mrs Justice Judd concluded that the statutory requirement for the local authority to assess the family in their home environment in the UK had not been met. The assessment was conducted via video link from the UAE and in person at a hotel in the UK, which the court found insufficient. The court emphasised the importance of a physical assessment in a home setting within the jurisdiction to ensure the child's welfare and protection.

Implications and Next Steps

The decision underscored the complexities of international adoptions and the stringent requirements for recognising foreign adoption orders in the UK. The court adjourned the application, allowing the applicants time to arrange for an appropriate assessment in the UK. This decision highlights the need for prospective adopters to comply with domestic legal requirements, even when adopting from abroad.

Conclusion

While the court recognised the applicants' good faith and the child's well-being under their care, it maintained that statutory compliance was essential. The ruling serves as a reminder of the rigorous standards applied in adoption cases to ensure the welfare and protection of children.

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