In the matter of Amelia (Freeing for adoption order) [2014] JRC 246 (10 December 2014)

In the matter of Amelia (Freeing for adoption order) [2014] JRC 246 (10 December 2014)

The Court found that the mother was unreasonably withholding her consent to adoption, that freeing for adoption was necessary and proportionate in Amelia's best interests, and that the father's lack of parental responsibility and contact rendered his consent irrelevant. The order was made pursuant to Article 12 and 13(2) of the Adoption (Jersey) Law 1961.

Citation
[2014] JRC 246
Parties
Child/second Respondent: Amelia; Mother/first Respondent: A; Father: B; Prospective Adopter: C; Applicant: Minister
Jurisdiction
Jersey
Judgment Date
10 December 2014
Procedural Posture
Freeing for Adoption Application / Final Judgment
Outcome
child freed for adoption; mother's consent dispensed with
Legal Topics
Freeing for Adoption, Parental Consent, Dispensation of Consent, Best Interests of the Child, Proportionality, European Convention on Human Rights
Family Law Child Protection Adoption Freeing for Adoption Parental Consent Dispensation of Consent Best Interests of the Child Proportionality +1 more

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Parties

Amelia

Child/second Respondent

A

Mother/first Respondent

B

Father

C

Prospective Adopter

Minister

Applicant

Procedural Posture

Freeing for Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether the mother's consent to adoption should be dispensed with
  2. 2 Whether freeing for adoption is in the best interests of the child
  3. 3 Whether the father's lack of parental responsibility precludes his consent

Ratio Decidendi

The Court found that the mother was unreasonably withholding her consent to adoption, that freeing for adoption was necessary and proportionate in Amelia's best interests, and that the father's lack of parental responsibility and contact rendered his consent irrelevant. The order was made pursuant to Article 12 and 13(2) of the Adoption (Jersey) Law 1961.

Court Disposition

child freed for adoption; mother's consent dispensed with

Orders

  • Amelia freed for adoption
  • Mother's consent dispensed with under Article 13(2) Adoption (Jersey) Law 1961