Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles
Authors

Babies relinquished by foreign nationals: leading guidance

Sep 29, 2018, 18:33 PM
family law, relinquished babies, adoption orders, jurisdiction
In JL v AO (Babies Relinquished for Adoption) [2016] EWHC 440 (Fam), [2016] FLR (forthcoming and reported at [2016] Fam Law 556) Mr Justice Baker gave leading guidance on cases concerning babies relinquished by foreign parents
Slug : babies-relinquished-by-foreign-nationals-leading-guidance
Meta Title : Babies relinquished by foreign nationals: leading guidance
Meta Keywords : family law, relinquished babies, adoption orders, jurisdiction
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 27, 2016, 04:29 AM
Article ID : 112829
In JL v AO (Babies Relinquished for Adoption) [2016] EWHC 440 (Fam), [2016] FLR (forthcoming and reported at [2016] Fam Law 556) Mr Justice Baker gave leading guidance on cases concerning babies relinquished by foreign parents. The majority of adoption cases now before the courts concern non-consensual adoption where the local authority (LA) applies for care and placement orders usually opposed by the parents. Consensual adoptions were historically more common but are now relatively rare in comparison.

In JL the parents were Estonian nationals, the mother having moved to the UK for work 5 months prior to giving birth and wished to relinquish the baby to be adopted in the UK. The father lived in Estonia and also wished for the baby to be adopted in the UK.

In AO the parents were Hungarian nationals who both worked and lived in the UK. The mother was unable to have the baby terminated as she was at 25 weeks gestation when medical professionals were contacted. Both parents wished for the baby to be relinquished upon birth and adopted in the UK.

As a result of the similar issues in these cases Baker J heard them together. In judgment he gave leading guidance which addressed in particular:

  1. the jurisdiction of the court to make placement and adoption orders;
  2. application of s 1 of the Adoption and Children Act 2002;
  3. guidance to local authorities when addressing the parents wishes and feelings, confidentiality and consent;
  4. whether the test of 'nothing else will do' is applicable;
  5.  Application of the Vienna Convention on Consular Relations.

The full version of this article appears in the July 2016 issue of Family Law. 

Online subscribers can access the article here

For details on how you can subscribe to Family Law or any other titles, please contact a member of our sales team: Tel 0117 917 5100, or email: editor@jordanpublishing.co.uk
Categories :
  • Articles
Tags :
baby_protection
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from