header-logo header-logo

Exploring all options

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll