The child was born in Sierra Leone. Her mother died, and her aunt had adopted her in Sierra Leone in 1991. She came to England where a further adoption order was obtained only a few days short of her eighteenth birthday when the court made an order for his adoption. The result was to confer British Naionality on him.
Held: The acquisition of Britsih Nationality on an adoption could normally be set aside only if the order was successfully appealed or otherwise failed. The court would be reluctant to deprive the Home Secretary of his right to enter an appeal. Express language would have to have been used to withdraw that right. The acquisition of nationality rights is not a relevant or proper purpose for the making of an adoption order. When carrying out the balancing factor deciding the need for adoption, the court was not to take into account benefits which might flow from the acquisition of Nationality. Where a child was nearly an adult, the benefits other than from nationality were minimal. The appeal was allowed.
Judges:
Neil LJ, Balcombe LJ, Hobhouse LJ
Citations:
Times 26-Apr-1994, Independent 27-May-1994
Statutes:
British Nationality Act 1981 1(6)
Jurisdiction:
England and Wales
Citing:
Cited – In re H (a Minor) 1986
. .
Lists of cited by and citing cases may be incomplete.
Adoption, Immigration
Updated: 08 April 2022; Ref: scu.81970
