Before : |
R. J. MacRae, Esq., Deputy Bailiff, and Jurats Ramsden and Averty |
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Between |
The Minister for Children and Education |
Applicant |
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And |
A (The Mother) |
Respondent |
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IN THE MATTER OF THE ADOPTION (JERSEY) LAW 1961
AND IN THE MATTER OF THE REPRESENTATION OF THE MINISTER FOR CHILDREN AND EDUCATION
AND IN THE MATTER OF BB
Advocate P. F. Byrne for the Minister
Advocate B. J. Corbett for the Respondent.
Ex tempore judgment
in private
the deputy bailiff:
1. This is an application by the Minister for Children and Education ("the Minister") to free a child, BB ("the Child") born in December 2021, for adoption. Three days after the Child's birth the Mother gave her consent under Article 17 of the Children (Jersey) Law 2002, for the Child to live with foster parents, and that is where he has lived ever since.
2. During that time the Mother has visited the Child whilst in foster care but nonetheless the Mother has been consistent from the time of the Child's birth that she wishes to relinquish the Child for adoption.
3. The Mother was 18 when the Child was born and is now 19 years old. This was a concealed pregnancy but the Mother's family, she lives with her parents in St Helier, are aware of the Child's birth and indeed the maternal grandmother has visited the Child too.
4. We have heard today from Advocate Corbett, who has met the Mother on two occasions, and describes her as an intelligent young woman who knows the consequences of her decision and who believes that she is acting in the best interests of her child, as she is unable to provide the care on her own which the Child deserves and she feels that the Child would receive that care if adopted by a good family.
5. As to the father of the Child, he is unknown to the Court and to the relevant services. He is known to the Mother, but the Mother will not identify him and it appears, although we cannot be sure about this, that the father knows nothing of the Child's birth.
6. The statutory provision of relevance is Article 12 of the Adoption (Jersey) Law 1961 ("the Law") and in summary, the Court may free a child for adoption on the application by the Minister if satisfied in the context of this case that the application is made with the consent of the parent with parental responsibility, in this case that is only the Mother, and that that person freely and with full understanding of what is involved agrees generally and unconditionally to the making of an adoption order. Accordingly, it should be plain from the evidence that we have summarised that that aspect of the statutory test is satisfied in this case. However Article 12(7) of the Law goes on to say:-
"Before making an order under this Article, in the case of a child whose father does not have parental responsibility for the child, the Court shall satisfy itself in relation to any person claiming to be the father that -
(a) the person has no intention, within the next 6 months, of -
(i) requesting registration as the child's father under Article 56 of the Marriage and Civil Status (Jersey) Law 2001, or
(ii) applying for an order under Article 5 of the Children (Jersey) Law 2002 or a residence order under Article 10 of that Law; or
(b) if the person did make an application referred to in sub-paragraph (a)(ii), it would be likely to be refused."
7. In this case there is no person currently claiming to be the father of the Child and on the evidence we have heard we are satisfied that there is no person who is likely to make any of the applications envisaged under Article 12(7) of the Law within six months or at all.
8. Finally, we have heard that the Mother's family are supportive but not coercive of the decision of the Mother and, we mean no criticism by this remark at all, there is no person from the Mother's family who wishes to care for or adopt the Child themselves.
9. So accordingly, bearing in mind the Mother's consistent views, the fact that she has had legal advice, and indeed, executed Form No. 6 'Consent to an Adoption Order', on 28th April 2022 which declared that she understands the effect of an adoption order and the permanent deprivation of her rights as a parent and the fact that they will be transferred to the Applicant (Minister) and the other circumstances to which we have referred we grant the application by the Minister, who henceforth will have sole parental responsibility for the Child until adoption proceedings come before the Court in due course.
Authorities
Children (Jersey) Law 2002.
Adoption (Jersey) Law 1961.