ABSTRACT
R v Secretary of State for Health ex p Luff (1991) H and W, aged 53 and 57 respectively, had visited Romania and wished to adopt two very young children seen by them in orphanages there. The Home Secretary examined the question of the children’s adoption, taking into account H’s poor health and a recent coronary bypass operation. The Department of Health considered the requirements of s 6 AA 1976, which demand, inter alia, that first consideration be given to the need to safeguard and promote the welfare of the child throughout his childhood. The Department of Health advised that H was not a suitable person to make application for adoption of the children. The Home Office refused admission to the children and H asked for judicial review. H argued that the Department of Health had given too much weight to his life expectancy and that the decision was irrational, given the urgency of the children’s position in Romania.
