Tom Mintier on the British court's ruling on the Internet twins

Tom Mintier

Tom Mintier is CNN's London bureau chief and correspondent. As head of CNN's largest international bureau, he coordinates international newsgathering and reports on news events from London.

CNN Moderator: Why make the twins wards of the court?

Tom Mintier: I think Judge Andrew Kirwood was concerned with how this Internet adoption took place. There are currently no laws regulating adoption via the Internet, but there is great concern about the backgrounds of families applying for adoption with the anonymity of the Internet as a shield. There are currently efforts in Britain to require investigations of potential adoptive parents, including a home study report, and that adoptive parents must also be deemed suitable to local social welfare authorities or an approved adoption agency in Britain. This is currently not the case.

CNN Moderator: What is the next legal step in this process and how long will it take to resolve?

Tom Mintier: The next step is the gathering of information by the court. Judge Andrew Kirkwood made it clear that in order to get a solution, careful research is needed. However, the judge said he did not want the case to drag on for a long time, so he has enlisted the assistance of the Solicitor of the Supreme Court to work in both the UK and the United States on this case. That may include information from the Internet Adoption Agency, a second set of adoptive parents from California, and the birth mother in St. Louis. Also the judge said that not just English law is under consideration here. The two little girls are U.S. citizens, and two, possibly three states in the U.S. need to be consulted. That will take time.

CNN Moderator: What has been the reaction of the two families?

MESSAGE BOARD Family law: Adoption     AUDIO CNN's Tom Mintier: "A ruling not to rule" 508kb / 114kb   20sec. AIFF or WAV sound    REFERENCE Internet adoptions   •  Offers abound on Web   •  Web adoption pitfalls   •  Q&A: UK court ruling   •  Quick vote   Internet twins • The Kilshaws first appeared on a day-time TV chat show in the UK last week • Their story instantly became front page news • The twins were seized by social services and taken into care on Thursday • Now a court has decided to keep them in government care for the time being • The case prompted the UK government to order an urgent review of adoption law

Tom Mintier: Well, the California family, the Allens are in Southern California. The Kilshaws from Great Britain were in court today. The adoptive mother, Judith Kilshaw told reporters she was confident in getting the twins back, if not from a British court; she was willing to go to an American court in her effort to secure the twins.

CNN Moderator: Does the natural mother still have a legal right to the twins?

Tom Mintier: I believe the birth mother has the right within 90 days to file a claim for the return of the children, sort of a 90-day grace period, after she has made the decision to put them up for adoption.

CNN Moderator: What issues did the judge consider in issuing this ruling?

Tom Mintier: The proceedings were behind closed doors in the judge's chambers with only attorneys for the child welfare authorities, the Kilshaws, and their legal counsel present. There is no legal transcript as to the discussion since this was completely in private. The Judge said he wanted to hear it in private to ensure a proper solution for the twins -- that their welfare must come first.

CNN Moderator: Has the British government taken any action against the Caring Heart Adoption Web site?

Tom Mintier: The British government currently has no laws regulating Internet adoptions. But the government has issued written notice to the Internet service providers as a warning that they could be breaking the law if they provide access to illegal adoption Web sites.

Question from the chat room: Is there a legal precedent in this case, not necessarily tied to the Internet?

Tom Mintier: Most of the legal precedent in this case is new. There are currently existing laws for adoption, which are quite strict in the UK But because these children were adopted in Arkansas, and came to Britain on passports as tourists, there are many complicated issues in this case.

Question from the chat room: Has the birth mother received any of the money paid for her children so far by both couples?

Tom Mintier: That's difficult to say. What we do know is the California couple supposedly paid $6,000 U.S. dollars and the British couple double that to the Internet adoption agency. What monies had been paid to the birth mother will be something the court will indeed be interested in hearing.

CNN Moderator: What issues will the court take into consideration when trying to decide what custody situation is best for the twins?

Tom Mintier: What will probably take place in coming days, or weeks, is a court-appointed background investigation of the Kilshaws to determine if they are fit to be adoptive parents. But, again, with so many jurisdictions involved, and the fact that this adoption took place in the United States, may limit the scope of such an investigation.

Question from the chat room: Will the British government do any research into the background of the natural mother before making a final decision, which may give the twins back?

Tom Mintier: That is an interesting fact and something Judge Kirkwood did not touch upon in his briefing of reporters after the four hour session in his chambers. But it's possible that the birth mother may come to Britain seeking the return of the six-month-old twins. Many were expecting her to make an appearance in court today, but that apparently did not happen.

CNN Moderator: Do you have any final thoughts to share with us today?

Tom Mintier: I think this case will shed new light on how the Internet is used in rather unconventional ways. There are many children around the world that this could potentially help them find placement in good homes. The challenge is to ensure that both sides in the arrangement conduct it in a legal and humane way.

CNN Moderator: Thank you for joining us today.

Tom Mintier: It is raining in Birmingham and has been all day. But it's always a pleasure from anywhere in the world to join in a chat discussion. Thank you and goodbye.

Tom Mintier joined the chat room via telephone from Birmingham, England and CNN.com provided a typist. The above is an edited transcript of the interview on Tuesday, January 23, 2001.

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Family law: Adoption

Internet adoption twins to stay in care
January 23, 2001
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January 20, 2001
The pitfalls of Internet adoption
January 18, 2001

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