D (A Child)

D (A Child)

Mr and Mrs O were entirely innocent victims of a fertility scam, having been duped by the clinic in Nigeria, and were not complicit in any wrongdoing regarding the removal or presentation of the child as their own.

Parties
Respondents: Mr and Mrs O; Applicant: Local Authority; Subject Child: D (a child); Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Care Proceedings / Judgment After Fact Finding Hearing
Outcome
Mr and Mrs O found not complicit; they are innocent victims.
Legal Topics
Care Orders, Parental Responsibility, Child Trafficking, Fertility Fraud
Family Law Child Protection Care Orders Parental Responsibility Child Trafficking Fertility Fraud

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Parties

Mr and Mrs O

Respondents

Local Authority

Applicant

D (a child)

Subject Child

Guardian

Guardian

Procedural Posture

Care Proceedings / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether Mr and Mrs O were complicit in removing a child from Nigeria and presenting him as their own
  2. 2 Whether Mr and Mrs O were victims of a fertility scam

Ratio Decidendi

Mr and Mrs O were entirely innocent victims of a fertility scam, having been duped by the clinic in Nigeria, and were not complicit in any wrongdoing regarding the removal or presentation of the child as their own.

Court Disposition

Mr and Mrs O found not complicit; they are innocent victims.

Orders

  • No findings of dishonesty or complicity against Mr and Mrs O
  • Matter of child's future to be determined in further proceedings