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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll