Carole Atkinson discusses a precedent in adoption law

by Vicky Anderson
Dec 18 2007
Liverpool Daily Post

A MOTHER'S determination to offer for adoption a child conceived during a one-night stand will set a precedent for other single mothers and unidentified fathers.

The Court of Appeal decision that an unnamed mother had the right not to name the father of her child paves the way for other mothers to take unilateral decisions on their children’s future.

The mother’s local authority had argued against the woman’s bid to have her four-month-old baby adopted, on the grounds that the family and the father should be approached to look after the child.

But the mother’s refusal to name the father, even with the threat of being held in contempt of court, was backed by the appeal judges, who decreed that the mother has the “ultimate veto” over who should be told about the child.

The Adoption Act states that, in order for a child to be placed into adoption, both parents must give their consent, but the consent of an unmarried father isn’t required unless he has parental responsibility for the child. This father obviously cannot take parental responsibility for a child he doesn’t even know about.

Even if the court makes an order requesting the mother to reveal the identity of the father, how could they force her to?

She could be held in contempt of court but even then could not be forced to say something she doesn’t wish to.

CAROLE ATKINSON is family law specialist at Mace and Jones.