In re B, (2001)

Extract

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In re B, (2001)

HOUSE OF LORDS

Lord Nicholls of Birkenhead Lord Mackay of Clashfern Lord Hoffmann Lord Millett Lord Rodger of Earlsferry

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

IN RE B (A MINOR)

(RESPONDENT)

ON 17 DECEMBER 2001

[2001] UKHL 70

LORD NICHOLLS OF BIRKENHEAD

My Lords,

1. This appeal concerns an adoption order, sought by one natural parent (the father) with the consent of the other (the mother). The child is a girl, now three years old. Bracewell J made the adoption order: see [2000] 2 FLR 717. The Court of Appeal, comprising Dame Elizabeth Butler-Sloss P and Potter and Hale LJJ, reversed her decision: see [2001] 1 FLR 589. The father has appealed to your Lordships' House. At no stage has the mother taken any part in the proceedings.

The story

2. From August 1997 the mother and the father, neither of whom is married, had a sexual relationship. This ended in April 1998. Early in 1998 the mother became pregnant, although she did not realise this until some months later. The child ('A') was born on 19 October 1998. The mother was then aged 28. Without looking at her baby the mother told the hospital staff that she wanted to have the child adopted. This was the mother's second child. Her first child, also a daughter, was born in 1993. On that occasion, and in accordance with the mother's wishes, the child had been adopted.

3. So A, when four days o...

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