Kirstie Gibson considers the court’s approach to cases where foreign national parents relinquish their babies at birth for adoption in England & Wales
- What jurisdiction does the court have to make orders to transfer a relinquished baby case under Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis), Art 15, or the inherent jurisdiction?
The recent decisions of Re JL and AO (Babies relinquished for adoption) [2016] EWHC 440 (Fam), [2016] All ER (D) 77 (Mar) and Re RA (Baby relinquished for adoption: case management) [2016] EWFC 25, [2016] All ER (D) 139 (May) highlight the approach of the court in situations where foreign nationals give birth in England and relinquish their child for adoption here. In these decisions the parents wanted no involvement with the child and argued that adoption should take place in England. Re JL and AO concerns two cases that were heard together as they raised common issues.
In Re JL the parents were Estonian. The child was accommodated
