Press Release

Court of Appeal denies father right to know his child

• Court of Appeal rules that mother can keep birth of child secret from its father
  
• Lord Justice Thorpe says “the ultimate veto remains with the mother”

The Court of Appeal has today ruled that a mother wishing to have her baby adopted does not have to tell the father of its existence.

The 19 week old baby girl was conceived as a result of a one-night-stand with a colleague. The mother, 20, wished to have the child adopted immediately after giving birth but a legal guardian and local authority made an application to county court that the father be made aware of the existence of his child.

Lord Justice Thorpe, one of the three appeal judges, 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."

The judges ruled that this was not a violation of the father’s rights to family life under the Human Rights Act because he had no right to be violated.

John Baker, FNF Chair has said of the ruling: “This takes us back to the days before the Children Act, which put the interests of the children first. It treats the child as the property of the mother, to be disposed of as she sees fit. When one considers this is conjunction with the Human Fertilisation and Embryology Bill currently being debated, which could deny children the right to know their father by removing the requirement on test-tube clinics to ensure the involvement of a father in the upbringing of a child, a strong message seems to be sent that makes fathers redundant in the upbringing of children. This is intensely worrying.”

“It is time that the children's right to both parents was put on a proper statutory footing. This decision must be taken to the House of Lords,” he added.

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Note for editors: Families Need Fathers (FNF) is a registered charity providing information and support on shared parenting issues arising from family breakdown, and support to divorced and separated parents, irrespective of gender or marital status. Our primary concern is the maintenance of the child’s relationship with both parents. Founded in 1974, FNF helps thousands of parents every year.

Please see Families Need Fathers ‘programme for change’ Father’s Day Manifesto

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