Forced Adoptions

Orders contemplating non-consensual adoption – care orders with a plan for adoption, placement orders and adoption orders – are

  • “a very extreme thing, a last resort”,
  • only to be made where “nothing else will do”,
  • where “no other course is possible in [the child’s] interests”,
  • they are “the most extreme option”,
  • a “last resort – when all else fails” –Sir James Munby President of the family courts) in Re B:

Precedent: The right to breastfeed
*In the matter of unborn baby M; R (on the application of X and another) v Gloucestershire County Council.

http://www.bailii.org/ew/cases/EWHC/Admin/2003/850.html

Citation: BLD 160403280; [2003] EWHC 850 (Admin). Hearing Date: 15 April 2003 Court: Administrative Court. Judge: Munby J.

Abstract.

“Per curiam. If the state, in the guise of a local authority, seeks to remove a baby from his parents at a time when its case against the parents has not yet even been established, then the very least the state can do is to make generous arrangements for contact, those arrangements being driven by the needs of the family and not stunted by lack of resources.

Typically, if this is what the parents want, one will be looking to contact most days of the week and for lengthy periods. Local authorities also had to be sensitive to the wishes of a mother who wants to breast-feed, and should make suitable arrangements to enable her to do so, and not merely to bottle-feed expressed breast milk. Nothing less would meet the imperative demands of the European Convention on Human Rights.”…

Published Date 16/04/2003

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