2002/125
ROYAL COURT
(Samedi Division)
4th July 2002
Before: |
Sir Philip Bailhache, Bailiff, and Jurats Quérée and Tibbo. |
IN THE MATTER OF the Adoption (Jersey) Laws, 1961 - 1995
AND IN THE MATTER OF LB, an infant.
Application by the Attorney General, on behalf of the Health and Social Services Committee for an Order freeing LB for adoption under Article 4(1)(b) of the Adoption (Jersey) Laws, 1961 to 1995; the application not being opposed by LB's mother, C.
Mrs S Sharpe, Crown Advocate on behalf of the Attorney General.
Advocate V Stone for C.
judgment
the bailiff:
1. This is an application by the Attorney General, on behalf of the Health and Social Services Committee, for an order under the Adoption (Jersey) Laws, 1961 - 1995 freeing the infant LB for adoption.
2. Advocate Stone has appeared this morning for the mother. The father has not appeared, and is not represented. Nonetheless, he has been properly served with notice of these proceedings and we are informed by the Crown Advocate that he is aware of them.
3. The application is not opposed by the mother, but Advocate Stone has told us that she does not feel able to consent to the order, for reasons which the Court understands. The court has to ask itself two questions. Firstly, is adoption in the best interests of the child? Secondly, is the mother or the father acting unreasonably in withholding consent to the proposed adoption?
4. In the light of the limited submissions made to us it is unnecessary for the Court to do more than to express itself satisfied, on the reports which have been laid before it, that adoption is indeed in the best interests of this child.
5. As we have said we understand why the mother does not feel able to consent to the proposed order but viewing the matter objectively, as we are bound to do, we reached the conclusion that it is unreasonable for the parents in this case to withhold consent to the adoption of the child. The application of the Health and Social Services Committee is accordingly granted.
Authorities
4 Halsbury (1999 Re-issue): Vol.6:pp.225 -7.
Ibid: Vol. 5(2): paras 1068 - 77.
Re D (a Minor) (Adoption: Freeing Order) [1991] 1FLR 48.
In re B (an infant) (7th October, 1992) Jersey Unreported; [1992/177]
Adoption (Amendment No. 3) (Jersey) Law 1995.