Adoption without parental consent Dr Claire
Author : debby-jeon | Published Date : 2025-07-18
Description: Adoption without parental consent Dr Claire FentonGlynn Three key issues Consent to adoption Potential conflict between childrens rights and parental interests How can we balance this Is adoption the best option What other mechanisms
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Transcript:Adoption without parental consent Dr Claire:
Adoption without parental consent Dr Claire Fenton-Glynn Three key issues: Consent to adoption Potential conflict between children’s rights and parental interests How can we balance this? Is adoption the best option? What other mechanisms could be used to protect children, without terminating parental ties? Who is a parent? Who is recognised as a “parent” whose consent must be sought? Who must consent to adoption? Most European jurisdictions simply require the consent of “both parents” to the adoption – as long as they have not been deprived of parental authority: Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Croatia, the Czech Republic, Estonia, France, Germany, Greece, Lithuania, Luxembourg, Moldova, Monaco, Poland, Portugal, Russia, Serbia, Slovenia, Spain and Ukraine. But some condition consent on the parent’s marital status, either directly or indirectly: Malta: Unmarried father does not have to give his consent, even if he has recognised the child Consent only needed from parents with parental responsibility, or who have “custody”: Austria, Denmark, Iceland, Ireland, Norway and Sweden. Unmarried mother has sole PR, but father can apply to court to be recognised (in all but Austria) Who must consent? (cont.) Whether consent is needed depends on involvement with child: Netherlands: Consent can be dispensed with if parent has not, or hardly ever, lived with the child as a family Switzerland: Consent not required from a parent who has not cared for the child “to any meaningful degree” Cyprus: Requires consent from any person who is liable to contribute to the financial maintenance of the child Approach of the ECtHR: Must first establish “family or private life” under Article 8 Where a child is born within wedlock, this exists automatically BUT an unmarried father will have to prove that he has a relationship with the child – a mere biological link is insufficient Is there an obligation to register the father? Having the right to consent to your child’s adoption is only effective where you are recognised as a parent in the first place! England: There is no obligation to name the father X County Council v C [2007] EWHC 1771 (Fam): We can seek to persuade, but we cannot force or coerce. Re C v XYZ County Council [2007] EWCA Civ 1206: No obligation to make any enquiries into the identity of the father of a child placed for adoption, unless these would further the prospect of finding a long-term carer for the child