In the matter of F and G (No 2)

This is an application by the Minister of Health and Social Services for an order freeing F, a boy aged six, and G, a girl aged five, for adoption pursuant to Article 12 of the Adoption (Jersey) Law 1961 ("the 1961 Law"). The Court granted the application following the hearing on 22nd January and we now give our reasons.

The background to the case is fully described in the Court's judgment dated 1st December, 2009, In the matter of F and G [2009] JRC 236 ("the care judgment") giving the Court's reasons for having granted the application of the Minister for a full care order in respect of the children.

The mother is appealing against the care judgment and her appeal is due to come before the Court of Appeal on 12th February. She has made it clear that she will also be appealing the Court's decision to grant a freeing order and it is clearly important that both matters are dealt with at the same time before the Court of Appeal. Accordingly we are preparing this judgment as a matter of urgency. The reader is therefore referred to the care judgment for the facts of the case.

"In reaching any decision relating to the adoption of Infants the court ... shall have regard to all the circumstances, first consideration being given to the need to safeguard and promote the welfare of the infant throughout the infant's childhood, and shall, so far as practicable, ascertain the wishes and feelings of the infant regarding the decision and give due consideration to them, having regard to the infant's age and understanding"

Article 12 provides that the Court may only make an order freeing a child for adoption if each parent consents but also provides that the court may dispense with such consent if satisfied that the parent is withholding his or her agreement unreasonably.