The second case

 In the second case, the Hungarian parents wanted to make a better life for themselves in England and the woman gave birth soon after their arrival. Both parents wished the child, AO, to be adopted here without the knowledge of relatives in Hungary. Nonetheless, the authority contacted the Hungarian authorities who considered that only they had the right to determine the adoption of a Hungarian baby and wanted her placed in Hungary. In reply, the authority here applied under the inherent jurisdiction for a determination as to the child's habitual residence. She was made a ward of court and placed with foster parents.




Where parents relinquished their baby and expressed a wish that she be adopted outside the natural family, the degree of interference with family life was less than where the parent-child relationship was severed against the parents' wishes. The parents' decision was an important consideration in determining whether the interference was necessary and proportionate and it therefore followed that approval of adoption in such cases did not depend on the court concluding that ‘nothing else will do'. However the parents' wishes were not decisive and had to be evaluated along with other factors in s1(4) of the 2002 Act; the authority was under an obligation in all adoption cases to carry out a thorough analysis of the realistic options as highlighted in Re B-S (Adoption: Application of s 47(5)) [2013] EWCA Civ 1146, [2014] 1 FLR 1035.



The giving up of babies for adoption belonged, it was thought, to another era. Until the late 1960s the situations in the present two cases, albeit without the international element, was the norm, but a typical adoption in England and Wales today is of a child already in care. The present hearing before Baker J thus involves, effectively, a throwback to that ‘traditional' adoption of the past (and according to his Lordship other judges have noticed similar cases of mothers from other countries relinquishing their babies here). Consequently there has been no recent judicial consideration, until now, of the applicable principles and procedures.


下一篇:The third case