Family Law Titles
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'in a child protection case where it is clear that rehabilitation to the parents is not compatible with their child's welfare, the court may be faced with a choice between adoption by total strangers selected by the local authority acting as an adoption agency or adoption by other family members. There is a qualitative difference between these two options in terms of the degree to which the outcome will interfere with the ECHR, Art 8 rights to family life of the child and his parents; adoption by strangers being at the extreme end of the spectrum of interference and adoption by a family member being at a less extreme point on the scale. The former option is only justified when 'nothing else will do', whereas the latter option, which involves a lower degree of interference, may be more readily justified. (para  emphasis added)'For relinquished babies, the issue is often that the consent to adoption only comes from the mother and the father is either not identified or the mother has asked for him not to be told. Is it then a consensual adoption (in that everyone who holds PR consents) or a non-consensual adoption (in that one of the parents has not been asked to consent)?