The Prospective Adopters v The Mother & Anor (Rev 1) [2021] EWHC 91 (Fam) (20 January 2021)

The Prospective Adopters v The Mother & Anor (Rev 1) [2021] EWHC 91 (Fam) (20 January 2021)

There is no legal obligation for the Local Authority to notify the Romanian Central Authority under Articles 36 or 37 of the Vienna Convention as the child was voluntarily relinquished and not detained, and no guardian was appointed. The court, exercising discretion, determined that notification was not appropriate...

Source-derived case information.

Citation
[2021] EWHC 91 (Fam)
Parties
Applicants: The Prospective Adopters; First Respondent: The Mother; Second Respondent: A County Council
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Adoption Order Application and Part 19 Directions / Judgment on Notification of Romanian Central Authority and Joinder of Child as Party
Outcome
Declaration granted: Local Authority is not required to notify the Romanian Central Authority or seek their assistance.
Legal Topics
Adoption, Consular Notification, Relinquished Babies, Parental Responsibility, Article 8 Rights
Family Law International Law Adoption Consular Notification Relinquished Babies Parental Responsibility Article 8 Rights

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Summary, issues, holding and outcome

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Parties

The Prospective Adopters

Applicants

The Mother

First Respondent

A County Council

Second Respondent

Procedural Posture

Adoption Order Application and Part 19 Directions / Judgment on Notification of Romanian Central Authority and Joinder of Child as Party

Legal Issues

  1. 1 Whether the Local Authority is legally obliged to notify the Romanian Central Authority of the proceedings
  2. 2 Whether inquiries should be made of the Romanian Central Authority to identify the birth father and wider family

Ratio Decidendi

There is no legal obligation for the Local Authority to notify the Romanian Central Authority under Articles 36 or 37 of the Vienna Convention as the child was voluntarily relinquished and not detained, and no guardian was appointed. The court, exercising discretion, determined that notification was not appropriate due to genuine risk to the mother, lack of realistic family placement, and best interests of the child, outweighing any benefit of notification.

Court Disposition

Declaration granted: Local Authority is not required to notify the Romanian Central Authority or seek their assistance.

Orders

  • Local Authority is not required to notify the Romanian Central Authority of these proceedings.
  • Local Authority is not required to seek assistance in identifying the birth father or wider family.