swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Adoption - From: 2001 To: 2001
This page lists 10 cases, and was prepared on 02 April 2018.
Re H; Re G (Adoption: Consultation of Unmarried Fathers) [2001] 1 FLR 646
2001
CA
Adoption
Not every natural father has a right to respect for his family life with regard to every child of whom he may be the father (see also McMichael v United Kingdom (1995) 20 EHRR 205). The application of Art 8(1) will depend upon the facts of each case."
1 Citers
In Re H (A Child) (Adoption Disclosure): In Re G (A Child) (Adoption Disclosure) Times, 08 January 2001
8 Jan 2001
FD
Children, Adoption
There is no necessity that a father without parental rights must be notified of and heard in adoption proceedings. It was a question for each case, and in circumstances where a mother might justifiably refuse to disclose the identity of the natural father, in order to preserve confidentiality, adoption might proceed without the father being identified. Unless the situation was urgent, it would be appropriate for the authority in such circumstances to apply to the court for directions. The right of the father under the Children Act to apply for parental responsibility did not make him a parent under the Adoption Act. The court did however have the discretion to involve the father. He should be informed unless, for good reasons, it was inappropriate.
Children Act 1989 - Adoption Act 1976
In Re R (A Child) (Adoption: Duty to Investigate) Times, 13 February 2001
13 Feb 2001
FD
Adoption, Human Rights
Where a mother decided to give up her child for adoption, and was against the involvement of members of her family, there was no right in the family to receive information nor duty on Social Services to tell them about the adoption. There was no explicit right under the Human Rights Convention nor statutory provision which would impose such a duty, and there were clear circumstances where the passing on of such information to an extended family could cause actual harm.
In Re B (Minor: Adoption) Times, 23 March 2001
23 Mar 2001
CA
Adoption, Human Rights
Where in adoption proceedings, the experts advising the court including the guardian ad litem, and an experienced child psychiatrist had indicated opposition to the proposed adoption, it could not be said that the natural father was unreasonable to oppose the adoption. Since it could not proceed without this consent, or his opposition disposed of as unreasonable, the adoption could not proceed. The court had given insufficient weight to the father's human right to respect for family life.
Gunn-Russo v Nugent Care Society and Secretary of State for Health; Admn 20-Jul-2001 - [2001] EWHC Admin 566
M, In the Matter of [2001] NIEHC 65
10 Sep 2001
NIHC
Northern Ireland, Adoption
Twin girls aged 14 and a half were to be adopted. They had substantial difficulties, and would require continued care throughout their lives. Their elder brother had lived with the same family, but later made allegations of abuse. These were unsubstantiated, but some distrust had developed between the adoptive parents and social services, and in particular the guardian ad litem. An adoption was to be granted, but subject to conditions which would preserve contact between the children and their elder brother and natural mother.
[ Bailii ]
Re DJ and D [2001] NIFam 21
25 Sep 2001
FdNI
Adoption
Application for order feeing two children for adoption.
[ Bailii ]
East Lothian Council v M A for Freeing for Adoption
5 Oct 2001
SCS
Lord Coulsfield
Scotland, Adoption
[ ScotC ]
Sahin v Germany 30943/96; (2001) 36 EHRR 765; [2002] 1 FLR 119
11 Oct 2001
ECHR
Human Rights, Adoption
When considering the issues of an adoption against the wishes of the parents, there is an apparent difference of emphasis between saying that the child's interests are of "paramount importance", and saying that they merely "may, depending on their nature and seriousness" override those of the parents: "The Court further recalls that a fair balance must be struck between the interests of the child and those of the parent and that in doing so particular importance must be attached to the best interests of the child which, depending on their nature and seriousness, may override those of the parent. In particular the parent cannot be entitled under article 8 of the Convention to have such measures taken as would harm the child's health and development."
European Convention on Human Rights 8
1 Cites
1 Citers
In re B (a Minor) (Adoption: Natural parent); HL 17-Dec-2001 - Times, 18 December 2001; [2001] UKHL 70
