Court papers have revealed a baby removed from her mentally-ill mother after a court-ordered caesarean cannot be cared for by her father as he is an 'over-stayer' in Italy.
The ruling made by Judge Newton, sitting at Chelmsford County Court, explained the father of the child, known as P, was a Senegalese national who went to Italy on a student visa but over-stayed.
He certainly has no status in Italy and he is unable, as I understand it, as a result of his status, either to leave Italy at all, and is certainly not able to come to the United Kingdom.
Judge Newton, sitting at Chelmsford County Court, concluded that the child, known as P, would be placed with an adoptive family.
The child was removed from her mother - who is an Italian national and was suffering metal health issues at the time of the birth - by Essex County Council 15 months ago because she was "too unwell to care for her child".
Judge Newton said: "If in later life P reads this judgment, as she may well do, I hope that she will appreciate that her mother in particular loved her and wished for her to return to live with her and to bring her up.
"It is not her fault, nor P's that that was not possible and that a predictable home could only be secured by way of adoption. P should know that the mother very much wished to parent her and bring her up and I hope that that is some small comfort both to the mother and also to P."
Liberal Democrat MP John Hemming has taken up the case of a mentally-ill mother whose unborn child was delivered by caesarean section by order of a court.
The girl, who is now 15 months old, is being put up for adoption despite opposition from the mother, who is an Italian national.
Mr Hemming told ITV News he had spoken to her and "she would like to send a message of thanks to all the British people who have offered their messages of support".
The UK's top family judge has intervened in the case of a mentally-ill mother whose baby was delivered by caesarean section by court order.Read the full story ›
Concerns about the possible "risks to mother and child" led a health trust to apply for permission to deliver an unborn child by caesarean section, Essex County Council social services said today.
Lawyers for the health trust obtained a High Court order that allowed the woman to be forcibly sedated and her child to be taken from her womb, according to the Sunday Telegraph.
The county council said the mother was able to see her daughter on the day of birth and the following day. Social services obtained an interim care order from the county court in August 2012 "because the mother was too unwell to care for her child". In a statement, Essex council said:
The long-term safety and wellbeing of children is always Essex County Council's priority.
Adoption is never considered until we have exhausted all other options and is never pursued lightly.
Historically, the mother has two other children which she is unable to care for due to orders made by the Italian authorities.
In accordance with Essex County Council's Social Services practice social workers liaised extensively with the extended family before and after the birth of the baby, to establish if anyone could care for the child.
The director of human rights organisation Liberty has strongly condemned those responsible for forcibly removing a baby from its mother's womb, describing the incident as "the stuff of nightmares".
Please God there's more to this, but at first blush this is dystopian science-fiction unworthy of a democracy like ours. Forced surgery and separation of mother and infant is the stuff of nightmares that those responsible will struggle to defend in courts of law and decency.
An MP is to raise in Parliament the case of a pregnant Italian woman whose baby was reportedly forcibly removed by caesarean section in Britain by order of social workers.
A High Court order was obtained against the woman that allowed her to be forcibly sedated and her child to be taken from her womb, the Sunday Telegraph reports.
The council said it was acting in the best interests of the woman, who was in Britain for work reasons, because she had suffered a mental breakdown, the newspaper reported.
Liberal Democrat MP John Hemming said today: "I intend to raise this in Parliament. I need to speak to the lady tomorrow evening to find out how she wishes to proceed.
A spokesman for the council involved said "it does not comment on the circumstances of ongoing individual cases involving vulnerable people and children."
A lawyer for an Italian woman who reportedly had her baby forcibly removed by caesarean section by social workers has he has "never heard of anything like this in all my 40 years in the job.
Brendan Fleming told the Sunday Telegraph:
I can understand if someone is very ill that they may not be able to consent to a medical procedure, but a forced caesarean is unprecedented.
If there were concerns about the care of this child by an Italian mother, then the better plan would have been for the authorities here to have notified social services in Italy and for the child to have been taken back there.
A pregnant woman had her baby forcibly removed by caesarean section by social workers, according to the Sunday Telegraph.
The social services reportedly obtained a High Court order against the woman that allowed her to be forcible sedated and her child to be taken from her womb.
The council is thought to have said it was acting in the best interests of the woman, an Italian who was in Britain on a work trip, because she had suffered a mental breakdown.
According to the newspaper, the baby, now 15 months old, is still in the care of social services, who are refusing to give her back to the mother, even though she claims to have made a full recovery.
A spokesman for the local authority concerned would not comment on ongoing cases involving vulnerable people and children.
Jim Clifford, chairman of It's All About Me (IAAM) adoption and head of not-for-profit advisory at Baker Tilly, is himself adopted and has adopted nine children with his wife. He said:
Adopting older children is not always easy, as many carry with them the legacy of neglect and trauma in their early years.
However, with the right training and support, it can be an incredibly rewarding experience for both the parent and the child, and I would encourage anyone with an interest to find out more.
We have had a fantastic response to the IAAM scheme from local authorities so far, many of whom recognise the benefit of working closely with the voluntary adoption sector.