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Adoption approved without consultation with father who has not had a relationship with the child and was not available to be consulted

By: James Cross BL

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High Court, adopting a purposive approach to applicable adoption legislation, grants application approving an adoption without consulting the father, on the grounds that the Court was satisfied that the father has for many years not been, and is not, interested in maintaining a relationship with his daughter, and is not available to be consulted about her proposed adoption.

Adoption – application to grant approval for adoption without consulting the father - satisfied that it would be inappropriate for it to consult the father in respect of the adoption of the child – in the alternative where mother is unable and/or unwilling to reveal the identity of the father of the child – background - father and the child do not have an ongoing relationship – details of the paternal relationship - child wishes the adoption to proceed - clear from the evidence that it is in the best interests of her welfare that the adoption is allowed to proceed - mother has given a full, free and informed consent to the making of the order and wishes the Adoption Order to be made - Article 8 of the European Convention for the Protection of Human Rights - efforts to effect personal service on the birth father – mother’s efforts to contact the father - father has in effect made himself non-contactable - purposive approach - child centred approach - unable to identify him in practical terms with a view to permitting the consultation mentioned in the section to proceed – application granted

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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