A Local Authority v Y & Anor (Notification of The Father and Relatives)
[2023] EWHC 2040 (Fam)
CB, Re
9 July 2024
[2024] EWHC 1779 (Fam)
High Court
A mom gave up her baby for adoption but didn't want her family to know. The judge agreed because telling the family would cause too much trouble and upset. The judge said the baby's well-being is important, but keeping the family together is also vital.
Key Facts
- •MB and HB are married with two children.
- •CB, a 10-month-old girl, is MB's child; paternity is unknown, confirmed by DNA test to not be HB.
- •MB conceived CB in unusual circumstances to help friends conceive, later discovering the friends didn't want the child.
- •MB did not inform HB or family about the pregnancy until shortly before CB's birth.
- •CB has been in foster care since birth; MB has had minimal contact and consents to adoption.
- •MB's family is unaware of CB's existence.
- •MB seeks to maintain confidentiality due to concerns about family distress and impact on her marriage.
Legal Principles
Balancing the interests of the mother's wish for confidentiality with other relevant factors in adoption cases where the mother seeks to keep the child's existence secret.
Re A, B and C (Adoption: Notification of Fathers and Relatives) [2020] 1 FLR 1157
The court must carefully scrutinize the mother's reasons for seeking confidentiality, protecting the interests of others and gathering information without breaching confidentiality.
This case
Child's welfare is a relevant consideration but not the paramount consideration in these types of cases.
This case
If a person has lied about some matters, this does not mean that he/she has lied about everything. The court must be careful to allow for reasons a person may not tell the truth (shame, misplaced loyalty, panic, fear, and distress)
R v Lucas [1981] 1QB 720
Article 8 right to respect for private and family life must be considered and balanced.
This case
Outcomes
Declaration that the Local Authority is not required to notify wider family members of CB's existence.
The court balanced the mother's wish for confidentiality with the interests of all parties. The court found that the potential harm to the existing family unit outweighed the potential benefits of notifying extended family.
Declaration that HB is not the father of CB and his consent is not required for adoption.
DNA evidence confirmed HB was not the father.
Declaration that MB's consent to adoption is valid.
MB has consistently and clearly consented to adoption.
No party has permission to provide notification of CB’s birth or existence to any other individual against the wishes of MB
To protect the family unit and prevent potential harm.