Mother wins battle to keep baby secret
A MOTHER who had a child
after a one-night stand with a
work colleague won the right
yesterday to keep the birth a
secret from the father.
The woman, 20, went to the
Court of Appeal after a county
court ordered that her parents
and the father should be
told.
A legal guardian and a local
authority made the application
to a county court after the
mother said she wanted the
baby girl adopted immediately
after she gave birth in hospital.
Three appeal judges yesterday
agreed that the mother
had "the ultimate veto" over
whom should be told about her
child.
They ordered that the local
authority and guardian
should take no steps to identify
the father or tell him about
the birth of the baby girl, now
19 weeks old.
She is currently placed with
foster carers.
There was also an order barring
the authority from introducing
the girl to any of the
mother's family to assess them
as potential carers.
The court had been told that
the family learned about the
child after the local authority
made inquiries.
All the names and locations
of everyone involved in the
case cannot be published by
order of the court to protect
the mother's wishes that the
father never knows about his
child.
Counsel representing the
mother had told the judges at
a hearing earlier this month
that no one had been told
about the birth because the
mother did not want anyone to
know.
Lady Justice Arden, in a ruling
given yesterday, said the
county court judge had made
his order because he believed
that the local authority had a
duty under the law to find out
as much information about
the background of the family
as it could.
But she said there was no
such obligation - only a duty
to serve the best interests of
the child.
The judge said the mother
was 19 when she became pregnant
and did not realise until
a late stage.
From then on she kept her
pregnancy a secret from her
family. She lived on her own,
pursuing a career and did not
believe she could look after the
child.
The judge said the woman
asked for the child to be adopted,
saying she did not believe
her divorced parents could
provide a home for the child.
She did not want the father to
know anything about the
baby.
Lady Justice Arden said this
was not a violation of his
rights to family life under the
Human Rights Act because he
had no right to be violated.
Lord Justice Thorpe said:
"The law improves the opportunity
of the child of anonymous
birth to search out its biological
origin.
"However, the ultimate veto
remains with the mother. Registers
of information are in
place to lead the searching
child to the mother's door but
the child has no right of entry
if the mother, despite counselling,
refuses to unlock it."
Last night, the decision was
branded as a disgrace by fathers'
rights groups. Fathers 4
Justice founder Matt O'Connor
said: "It's appalling. That
child will one day want to
know what happened."
George McAuley, from the
UK Men's Movement, said:
"Every child should have the
right to know its parents no
matter what the circumstances
of its conception.
"The rights of the child and
the father have been trampled
on by this decision."
8:33am Saturday 24th November 2007
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CommentPosted by: richarddorset, county durham on 8:12pm Sun 2 Dec 07
"...the best interests of the child." That phrase is trotted out time again. Funny how the best interests usually involve excluding the father de facto if not de jure.
"was not a violation of his rights to family life under the Human Rights Act because he had no right to be violated." Excuse me - the father does have rights to a family life - but is unaware that he now has a family, because you won't tell him!
Why is motherhood still sacrosanct but fatherhood is just regarded as an inconvenient truth?
One day, in about twenty years time, lots of youn adults will understand what the english family courts have done to them.
Hopefuly my two sons will realise this too. Happy Christmas Peter and Eduard F. - daddy still loves you. xx
From a father who was denied access by the mother, who turned his children against him, and the courts did sweet f.a. about it over fourt years other than ask for yet more reports to keep the mother happy, even though all reports indicated that the mother was being obstructive. What a waste of £15,000... I walked away.
"...the best interests of the child." That phrase is trotted out time again. Funny how the best interests usually involve excluding the father de facto if not de jure.
"was not a violation of his rights to family life under the Human Rights Act because he had no right to be violated." Excuse me - the father does have rights to a family life - but is unaware that he now has a family, because you won't tell him!
Why is motherhood still sacrosanct but fatherhood is just regarded as an inconvenient truth?
One day, in about twenty years time, lots of youn adults will understand what the english family courts have done to them.
Hopefuly my two sons will realise this too. Happy Christmas Peter and Eduard F. - daddy still loves you. xx
From a father who was denied access by the mother, who turned his children against him, and the courts did sweet f.a. about it over fourt years other than ask for yet more reports to keep the mother happy, even though all reports indicated that the mother was being obstructive. What a waste of £15,000... I walked away.
Posted by: martin swash, middlesbrough on 8:00pm Thu 13 Dec 07
These judges do not live in reality. Why do they do this ? No wonder the backlash against feminism has started
These judges do not live in reality. Why do they do this ? No wonder the backlash against feminism has started
Posted by: Zaphod, USA on 1:23am Sat 2 Feb 08
I am Truly sorry for what you Fathers have to deal with over there. Stand together and keep fighting. If only for future Fathers.
I live in the USA and slowly, over the past decade, the "Courts" are now realizing how important and WILLING Fathers are to children.
After spending 3 years and countless dollars, I have custody of my 3 kids, she walked away.
I am Truly sorry for what you Fathers have to deal with over there. Stand together and keep fighting. If only for future Fathers.
I live in the USA and slowly, over the past decade, the "Courts" are now realizing how important and WILLING Fathers are to children.
After spending 3 years and countless dollars, I have custody of my 3 kids, she walked away.
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