Court Grants Nigerian Couple Custody of ’Scam’ Baby
Court Of Appeal
Chiemelie Ezeobi
A Nigerian couple who could not bear
children received some relief Thursday in a London High Court when Mr.
Justice Coleridge ruled that the couple could keep a two-year-old baby
even though DNA tests had confirmed they are not the biological parents
of the girl, despite their story line.
According to a report by the BBC, the
mother claimed she was tricked by a doctor in Nigeria into believing
she had given birth while sedated, after she went to Nigeria for
fertility treatment.
The local authority had claimed the couple's story was a "charade".
But the judge ruled they were victims of an "appalling scam".
But the judge ruled they were victims of an "appalling scam".
Their distress, it seemed, forced them
into a desperate option. The woman claimed that she returned several
months later to the hospital, and was sedated, after which she was
handed over a baby she was purported to have been delivered of. She
was, however, not explicit or categorical whether after taking the
fertility treatment, she got pregnant or not. Was she attending
ante-natal sessions? Could she have been pregnant for nine months
without knowing it or being sure?
The couple, based in London, had said
several IVF treatments the woman took to enable her to conceive failed,
prompting them to come to Nigeria in 2012 to undergo fertility
treatment at an undisclosed hospital.
The couple - who live in London but
cannot be named for legal reasons - failed to conceive a child despite
undergoing IVF treatment in the UK.
They were said to be "desperate and distressed".
They were said to be "desperate and distressed".
After receiving the “delivered” baby,
the couple returned to London with the baby, and passed it as theirs,
But their GP (General Practitioner—medical doctor) raised concerns. He
may have doubted the ability of the woman to conceive, having treated
them for years before she travelled to Nigeria on a baby mission.
As a result of the GP’s inquisition,
the child was taken into care and a DNA test proved the child was not
related to the couple.
But the couple soon resorted to launching legal proceedings to get custody of the baby. There was now a shift in their hold and claim: no longer a medical argument, but legal.
But the couple soon resorted to launching legal proceedings to get custody of the baby. There was now a shift in their hold and claim: no longer a medical argument, but legal.
The several gaps and gaffes in their story made the local authority to describe it as a “charade.”
But Coleridge described the case as "extraordinary, bizarre and worrying."
The controversial judgment is already receiving flaks from across interest groups.
But Coleridge described the case as "extraordinary, bizarre and worrying."
The controversial judgment is already receiving flaks from across interest groups.
Charities, for instance, have raised concerns about the judgment, warning that it may encourage trafficking.
At the High Court yesterday, Coleridge ruled that the pair, whom he described as people of the "highest calibre," should be given custody of the girl.
At the High Court yesterday, Coleridge ruled that the pair, whom he described as people of the "highest calibre," should be given custody of the girl.
A local court authority had picked
holes in the story of the Nigerian couple, stressing that they were
"knowing and willing participants" in the scheme.
The court was told that such "baby exchange" frauds were common in Nigeria. Police and immigration officials in the UK are believed to be investigating several incidents.
The court was told that such "baby exchange" frauds were common in Nigeria. Police and immigration officials in the UK are believed to be investigating several incidents.
But Coleridge decided the couple were
victims of the "most appalling scam". He described them as "people of
the highest calibre and of complete integrity".
He added he was "deeply impressed by their humanity".
He added he was "deeply impressed by their humanity".
Yesterday, he awarded the parents
custody of the child, ordering the local authority to return the baby
to them within seven days.
The judge also made it clear the case
was not an isolated example. He spoke of other cases before the court
"on almost identical facts". He said it was in the public interest for
this case to be widely known.
But unimpressed by the ruling, the
local authority involved - which also cannot be revealed for legal
reasons - said they were "disappointed" with the judgment.
"Our concern has been, and continues to be, what is in the best interest of this young child.
"Our concern has been, and continues to be, what is in the best interest of this young child.
"We will now do all we can to ensure the child continues to thrive."
Elsewhere, some charities have expressed concerns that the judgment will have a wider negative effect and will encourage traffickers.
Elsewhere, some charities have expressed concerns that the judgment will have a wider negative effect and will encourage traffickers.
Andy Elvin, Chief Executive of
Children and Families Across Borders, said: "These unscrupulous people
will exploit people for vast amounts of money."
He added there is likely to be an upsurge in applications for visas for babies coming from Nigeria.
He added there is likely to be an upsurge in applications for visas for babies coming from Nigeria.
He said: "Behind every one of these
children lies an actual birth mother. She has been coerced; she may
have been kidnapped or raped.
"These children are not given up
willingly." There have been several cases of baby scams in Nigeria.
Some motherless babies’ homes have been known to trade away the
children in their homes for varying sums of money, depending on the age
and sex of the baby. Some other homes have also been accused of
quartering young girls, getting men to impregnate them with the
understanding that they will not lay claim to the children they bear.
Many of such children are eventually sold to desperate couples who are
unable to naturally bear children of their own
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