In the matter of Maria (Care proceedings - Freeing for adoption order) [2017] JRC 201 (29 November 2017)

In the matter of Maria (Care proceedings - Freeing for adoption order) [2017] JRC 201 (29 November 2017)

The Court held that the best interests of the child required a freeing order with a closed adoption, as all professional advice indicated that ongoing contact with the birth mother would not benefit the child and would undermine her stability and integration into her adoptive family.

Source-derived case information.

Citation
[2017] JRC 201
Parties
Applicant: Minister; Subject: Maria (the child); Respondent: First Respondent (the mother); Respondent: Second Respondent (the father)
Jurisdiction
Jersey
Judgment Date
29 November 2017
Procedural Posture
Freeing Application (adoption/family Law) / Judgment on Application for Freeing Order and Closed Adoption
Outcome
Freeing order granted with closed adoption to follow; no ongoing contact between child and birth mother unless adoptive parents determine it is in the child's best interests.
Legal Topics
Adoption, Care Orders, Parental Responsibility, Contact Arrangements, Best Interests of the Child
Family Law Child Protection Adoption Care Orders Parental Responsibility Contact Arrangements Best Interests of the Child

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Summary, issues, holding and outcome

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Parties

Minister

Applicant

Maria (the child)

Subject

First Respondent (the mother)

Respondent

Second Respondent (the father)

Respondent

Procedural Posture

Freeing Application (adoption/family Law) / Judgment on Application for Freeing Order and Closed Adoption

Legal Issues

  1. 1 Whether a freeing order should be made for the child to allow adoption
  2. 2 Whether the adoption should be closed (no contact with birth parents) or open

Ratio Decidendi

The Court held that the best interests of the child required a freeing order with a closed adoption, as all professional advice indicated that ongoing contact with the birth mother would not benefit the child and would undermine her stability and integration into her adoptive family.

Court Disposition

Freeing order granted with closed adoption to follow; no ongoing contact between child and birth mother unless adoptive parents determine it is in the child's best interests.

Orders

  • Freeing order made for the child to be adopted.
  • Adoption to be closed, with no ongoing contact between the child and the birth mother.