In the matter of T (Declaration not to inform the birth father of child's existence)
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 27 April 2004 |
| Neutral Citation | [2004] NIFam 2 |
| Date | 27 April 2004 |
| Court | Family Division (Northern Ireland) |
| Year | 2004 |
1
Neutral Citation no. [2004] NIFam 2 Ref:
GILC4139
Judgment: approved by the Court for handing down Delivered:
27/4/04
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
FAMILY DIVISION
________
IN THE MATTER OF T (DECLARATION NOT TO INFORM THE BIRTH
FATHER OF CHILD’S EXISTENCE)
________
GILLEN J
[1] The judgment in this case is being distributed on the strict
understanding that in any report no person other than the advocates or the
solicitors instructing them (and other persons identified by name in the
judgment itself) may be identified by name or location and that, in particular,
the anonymity of the child and the adult members of her family must be
strictly preserved.
[2] A Health and Social Services Trust which I do not propose to name
(“the Trust”) applies in this case under the inherent jurisdiction of the High
Court of Justice for relief in respect of a child S born on 5 September 2003 in
the following terms:
(1) a declaration that it is lawful for the Trust not to inform the birth
father of S’s existence; and
(2) a declaration that it is lawful for the Trust to place S for
adoption without consulting the birth father.
[3] At an early stage in this case I followed the precedent sent by the
President of the Family Division in England and Wales, Dame Elizabeth
Butler-Sloss, in Re: H; Re: G (Adoption: Consultation of Unmarried Fathers) 2001
1FLR 646 and appointed the Official Solicitor to act as an amicus curiae for the
interests of the mother and child – represented by Mr McGuigan – and for the
interests of the father – represented by Ms Loughran. Ms Smith appeared on
behalf of the Trust. I am indebted to all counsel in this case who have
conducted this difficult matter with conspicuous skill and good sense.
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