In the second case, a Hungarian couple moved to England, where the mother gave birth to AO shortly after arrival. Both parents wished for her to be adopted in England without informing relatives in Hungary. The local authority, however, contacted the Hungarian authorities, who claimed exclusive jurisdiction over the adoption of a Hungarian child and sought her return. The authority applied under the court’s inherent jurisdiction to determine AO’s habitual residence; she was made a ward of court and placed with foster carers.

When parents voluntarily relinquish a child for adoption outside the natural family, the interference with family life is less than where such separation is imposed against their wishes. Parental wishes are relevant but not decisive; they must be assessed alongside other factors under s 1(4) of the Adoption and Children Act 2002. Authorities remain obliged to evaluate all realistic options, as set out in Re B-S [2013] EWCA Civ 1146.

Voluntary relinquishment of babies for adoption is now rare in England and Wales, where most adoptions involve children already in care. This case thus represents a return to a form of “traditional” adoption more common before the late 1960s, a trend recently noted by the judiciary in cases involving foreign-born mothers.