What happens when a child has no legal parents?
Save for the situation where a child is known to be orphaned, the idea of a child having no legal parents is probably difficult to get your head around but it is a situation that has come before the Family Court in 2025 in the case of Re EZ (A Minor) [2025] EWFC 122 https://www.bailii.org/ew/cases/EWFC/HCJ/2025/122.html When the Court is presented with a situation where there is a real issue about the parentage of a child, extra vigilance is exercised through thorough scrutiny of the evidence as the question of the child being trafficked is a real possibility.
Background and Proceedings
The proceedings were brought by Leeds City Council under S31 Children Act 1989 in respect of a child referred to as 'Eleanor' who was reportedly born in Nigeria in June 2024, and the purported mother, PM, claimed that she conceived Eleanor through IVF. PM travelled to Nigeria in June 2024 and returned with Eleanor, who was then taken into police protection and placed in foster care. DNA tests confirmed no genetic link between Eleanor and the purported parents, PM and PF.
Evidence and Findings
The Court was conducting a fact finding hearing to establish if the 'threshold criteria' for the purposes of S31 CA 1989 had been met ie, whether Eleanor had suffered or was likely to suffer significant harm in the care of the people who claimed to be her parents. The Court heard evidence as to whether PM was Eleanor's mother. PM claimed to have undergone IVF treatment in Nigeria, but the medical centre that she said was involved denied any record of such treatment. Expert evidence from Mr Jarvis, an obstetrician, indicated that PM's claims of a 55-week pregnancy were medically improbable. Videos and photographs presented by PM purportedly showing her giving birth were found to be staged.
Legal and Cultural Context
The judgment references the practice of 'baby farming' in Nigeria, where babies are illegally transferred to other individuals. The court considered the cultural beliefs and practices in Nigeria, which may have influenced the purported parents' actions and beliefs.
Court's Findings
The court concluded that PM and PF are not Eleanor's biological or legal parents and that PM did not give birth to Eleanor. The court found that PM and PF staged evidence to mislead authorities and brought Eleanor into the UK under concealed circumstances. Eleanor's true parentage remains unknown, and the court determined that she suffered significant emotional and psychological harm.
Next Steps
As this was a fact finding hearing the Court was not making a final welfare decision for Eleanor and there will be a further hearing to consider what is the best care plan for her to meet her welfare needs. In the meantime she will remain in the care of the Local Authority but the Court emphasised that urgent steps needed to be taken to regularise her nationality and immigration status. If the final decision is reported in a published format I will update this post in due course.