header-logo header-logo

24 June 2016 / Kirstie Gibson
Issue: 7704 / Categories: Features , Family
printer mail-detail

Exploring all options

Kirstie Gibson considers the court’s approach to cases where foreign national parents relinquish their babies at birth for adoption in England & Wales

  • What jurisdiction does the court have to make orders to transfer a relinquished baby case under Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis), Art 15, or the inherent jurisdiction?

The recent decisions of Re JL and AO (Babies relinquished for adoption) [2016] EWHC 440 (Fam), [2016] All ER (D) 77 (Mar) and Re RA (Baby relinquished for adoption: case management) [2016] EWFC 25, [2016] All ER (D) 139 (May) highlight the approach of the court in situations where foreign nationals give birth in England and relinquish their child for adoption here. In these decisions the parents wanted no involvement with the child and argued that adoption should take place in England. Re JL and AO concerns two cases that were heard together as they raised common issues.

In Re

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll