The Prospective Adopters v The Mother & Anor (Rev 1)

The Prospective Adopters v The Mother & Anor (Rev 1)

There is no legal obligation to notify the Romanian Central Authority under the Vienna Convention as the child was voluntarily relinquished and not detained; joining the child as a party and appointing a guardian would trigger notification, but circumstances do not warrant joining; discretion exercised not to notify due to risk to the mother, lack of benefit to the child, and delay.

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 / Judgment on Part 19 Application Regarding Notification of Romanian Central Authority
Outcome
Application granted; no notification to Romanian Central Authority required.
Legal Topics
Adoption, Consular Notification, Child Welfare, Relinquished Babies, Parental Responsibility
Family Law International Law Adoption Consular Notification Child Welfare Relinquished Babies Parental Responsibility

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Parties

The Prospective Adopters

Applicants

The Mother

First Respondent

A County Council

Second Respondent

Procedural Posture

Adoption / Judgment on Part 19 Application Regarding Notification of Romanian Central Authority

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 to notify the Romanian Central Authority under the Vienna Convention as the child was voluntarily relinquished and not detained; joining the child as a party and appointing a guardian would trigger notification, but circumstances do not warrant joining; discretion exercised not to notify due to risk to the mother, lack of benefit to the child, and delay.

Court Disposition

Application granted; no notification to Romanian Central Authority required.

Orders

  • Local Authority is not required to notify the Romanian Central Authority of these proceedings.
  • No inquiries to be made of the Romanian Central Authority to identify the birth father or wider family.