Ana Filipa

Six or seven years ago, a brasilian girl working illegally in Portugal, got pregnant and gave birth to a baby girl. The father, who didn't live with her, refused to accept the baby and left her definitely still during pregnancy. Faced with a very difficult financial life, she decided to give the baby for adoption.

In the meantime, there was this childless couple who was warned of this and visited her to adopt straight away. The baby was then three months old and the father went on refusing to recognise her. The baby was registered as Esmeralda, daughter of unknown father. The mother wrote then a letter addressed 'to whom it might concern' giving her daughter for adoption to this couple.

They didn't know the first thing about adoption laws and when they tried to register this adoption, they discovered that the letter was worthless and started to be guided through the process by the Social Services, until a Minors Court session date to determine this adoption was settled, some two years after the whole thing started. In the meantime, the authorities started pressing the mother for the father's name, otherwise she would be considered a prostitute and immediatelly expelled from the country. She finally said it and the man went on denying until he was ordered a DNA test which proved positive. At one year of age, the litlle girl had now a biological father and mother, and what came to be known as 'affection parents', as they were not yet 'adoptive parents' nor did not want to become 'foster parents'. She also had a new name, Ana Filipa.

Some time after this baby registration, the father requested the baby's guard, fact that superseeded the already agreed Minors Court session. The biological father had his court session when the Ana Filipa was already four, and the court decided to ignore the previous behaviour of the 'affection parents' and the biological father, did not cite the mother, didn't take in consideration reports from psychologists on the effects on the little girl's mind and future development, did not hear the Social Services who were following the case, in summary, did not take in consideration 'the superior interest of the child (which is a law here), just the 'right' of the father and determined the deliver of the child to the biological father. The 'affection parents' did not abide. A second charge was made against them, and when the court date approached, the child and the 'affection mother' vanished. Her name is Adelina. The 'affection father' was trialed for abduction and concealement of a child and sentenced to 6 years in prison. His name is Luís, is a GNR sergeant on haemodialysis twice a week and vowed to fight for his daughter until his dying day.

At this point in time, the national outcry was very audible. The biological mother, now living legally in the country and better off, came into the picture alledging she too had rights and wanted to be heard in court, as she wanted the guard of the child as well - only to give her to her rightful parents, the 'affection parents'. The public prosecution changed their minds and an appeal was issue with the prosecution now on the side of the 'affection father'. His sentenced was suspended and a retrial ordered and Adelina and Ana Filipa reappeared. The court then decided that some child experts should follow the child and a swift move towards 'giving' her to the biological father would take place (visits mainly, in order to establish bonds).

It didn't work, as could be expected. Ana Filipa was almost six years old, very clever and a loving 'affection daughter'.

The biological father started then the most sickening series of attacks to the family - and is winning. He is draining finantially these parents with all sorts of damages seeking, made the court change the experts close to Ana Filipa introducing a serious factor of anxiety, the court reverted then to the previous group, the date for the 'delivery' of Ana Filpa/Esmeralda to Baltasar (the biological father) was defined and postponed several times, each one giving origin to yet another charge for damages from Baltasar to Luis. Luis is currently relying on charity to pay for these damages.

Ana Filipa is attending primary school.

And now the public prosecution is starting with Adelina. Her trial starts today, accused of abduction of her 'affection daughter', she faces the same 6 years and the €35 000 fine in damages sentence as her husband. And that's just the beginning.

Ana Filipa/Esmeralda is away of this court's mind. She is a lucky little girl so far though. She has a trio of grown ups (mother and affection parents) sheltering her. Let's only hope the public at large can force the courts, Social Services and Public Prosecutors to stop this greedy persecution and start thinking about the child, for once.

Hello Maria, I have just 'very briefly' read your post about Ana Filipa and I must say its a most intriguing story, in fact I'm afraid when I have a little more time I shall read it again as I became a little confused about the mother, father, adoptive parents, court cases and the amount of time this situation appears to have dragged on. Confusing but fascinating! Obviously a very tragic situation and I shall read it again later to get a better understanding of it, but as far as I can see this poor mother and child have been through hell to say the least. I hope to continue this later as I have to take my wife shopping again worst luck!! Yack!!
Alroy.X

maria wrote:Six or seven years ago, a brasilian girl working illegally in Portugal, got pregnant and gave birth to a baby girl. The father, who didn't live with her, refused to accept the baby and left her definitely still during pregnancy. Faced with a very difficult financial life, she decided to give the baby for adoption.

In the meantime, there was this childless couple who was warned of this and visited her to adopt straight away. The baby was then three months old and the father went on refusing to recognise her. The baby was registered as Esmeralda, daughter of unknown father. The mother wrote then a letter addressed 'to whom it might concern' giving her daughter for adoption to this couple.

They didn't know the first thing about adoption laws and when they tried to register this adoption, they discovered that the letter was worthless and started to be guided through the process by the Social Services, until a Minors Court session date to determine this adoption was settled, some two years after the whole thing started. In the meantime, the authorities started pressing the mother for the father's name, otherwise she would be considered a prostitute and immediatelly expelled from the country. She finally said it and the man went on denying until he was ordered a DNA test which proved positive. At one year of age, the litlle girl had now a biological father and mother, and what came to be known as 'affection parents', as they were not yet 'adoptive parents' nor did not want to become 'foster parents'. She also had a new name, Ana Filipa.

Some time after this baby registration, the father requested the baby's guard, fact that superseeded the already agreed Minors Court session. The biological father had his court session when the Ana Filipa was already four, and the court decided to ignore the previous behaviour of the 'affection parents' and the biological father, did not cite the mother, didn't take in consideration reports from psychologists on the effects on the little girl's mind and future development, did not hear the Social Services who were following the case, in summary, did not take in consideration 'the superior interest of the child (which is a law here), just the 'right' of the father and determined the deliver of the child to the biological father. The 'affection parents' did not abide. A second charge was made against them, and when the court date approached, the child and the 'affection mother' vanished. Her name is Adelina. The 'affection father' was trialed for abduction and concealement of a child and sentenced to 6 years in prison. His name is Luís, is a GNR sergeant on haemodialysis twice a week and vowed to fight for his daughter until his dying day.

At this point in time, the national outcry was very audible. The biological mother, now living legally in the country and better off, came into the picture alledging she too had rights and wanted to be heard in court, as she wanted the guard of the child as well - only to give her to her rightful parents, the 'affection parents'. The public prosecution changed their minds and an appeal was issue with the prosecution now on the side of the 'affection father'. His sentenced was suspended and a retrial ordered and Adelina and Ana Filipa reappeared. The court then decided that some child experts should follow the child and a swift move towards 'giving' her to the biological father would take place (visits mainly, in order to establish bonds).

It didn't work, as could be expected. Ana Filipa was almost six years old, very clever and a loving 'affection daughter'.

The biological father started then the most sickening series of attacks to the family - and is winning. He is draining finantially these parents with all sorts of damages seeking, made the court change the experts close to Ana Filipa introducing a serious factor of anxiety, the court reverted then to the previous group, the date for the 'delivery' of Ana Filpa/Esmeralda to Baltasar (the biological father) was defined and postponed several times, each one giving origin to yet another charge for damages from Baltasar to Luis. Luis is currently relying on charity to pay for these damages.

Ana Filipa is attending primary school.

And now the public prosecution is starting with Adelina. Her trial starts today, accused of abduction of her 'affection daughter', she faces the same 6 years and the €35 000 fine in damages sentence as her husband. And that's just the beginning.

Ana Filipa/Esmeralda is away of this court's mind. She is a lucky little girl so far though. She has a trio of grown ups (mother and affection parents) sheltering her. Let's only hope the public at large can force the courts, Social Services and Public Prosecutors to stop this greedy persecution and start thinking about the child, for once.

The synopsis of Maria's post is that a Brazilan woman without Poruguese citizenship gave birth to a baby girl while working illegally in Portugal. The woman's partner (the baby's father) left her and refused to recognise or acknowledge his daughter. The woman offered her daughter for adoption and a childless Portuguese couple opted to adopt her.

The baby's biological mother believed (in good faith) that a letter from her formally acknowledging the right of the adoptive couple to adopt the baby would be sufficent, legally, to confer right of guardianship of the baby to the couple. This turned out not to be so, as the adoptive couple discovered when they tried to register the adoption. The authorities threatened that the baby's biological mother would be declared a 'prostitute' and expelled from the country unless she made known who the baby's father was. She eventually complied with the order, though the baby's father continued to deny paternity until finally compelled to submit to a DNA test which established that he was, indeed, the father.

The baby now had biological parents and what were termed 'affection' parents, as they were not, yet, considered 'adoptive' parents. Then, the baby's biological father changed his mind and decided to apply for custody of the child. His request took precedence over the application of the (would-be) adoptive parents for adoption. More than that, he made plain that he did not wish to raise the child with his (now ex) partner, with whom he had conceived her, and his wishes were held to override all other considerations, including (most crucially) those of the baby girl. But the 'affection parents' refused to comply with the order to hand over the girl to the baby's biological father.

Charges were brought against the 'affection' parents and just before the trial, the 'affection' mother, Adeleina, vanished with the baby. The 'affection' father, Luis, was tried and convicted for 6 years on charges of abduction and concealment of a child. He is a GNR sergeant on kidney dialysis treatment twice a week. He vowed to fight for custody of the girl he wished to adopt.

Now the baby's biological mother entered the picture on the side of the 'affection' parents, keen to claim the right of custody of the child (Ana Filipa) so that she could then relinquish it to Luis and his wife. The court also changed its stance, now supporting the right of the 'affection' parents to adopt Ana Philipa. Luis's conviction was quashed and reduced to a suspended sentence (granting him freedom from jail) and Ana Philpa and her affection mother, Adelina, reappeared. They set up together as a family 'threesome'

But the biological father was not done! He pursued his claim for custody of his daughter and, with the backing of the courts, who changed direction a third time, (successfully) sued for various damages, bleeding the family dry finacially. Custody of the child was awarded to the biological father, several dates set for the transfer of the child to him and fines imposed for each 'failure' of Luis and his wife to deliver Ana Philipa to him in accordance with the court ruling.

The couple is relying on charity to pay the fines. Worse, Ana Philipa's mother Esmeralda prepares, today, to stand trial for the 'abduction' of her 'affection' daughter. If convicted, she faces a 6-year term of imprisonment and a (euro) 35,000 fine.

Ana Philipa is a bright and intelligent 6 year old girl, attending primary school and sheltered by three adults -- her biological mother and prospective adoptive parents -- from the harsh realities of the wicked and pernicious actions of Ana Philipa's biological father.

Maria hopes (and so do I) that the weight of public opinion will force the authorities to halt this iniquitous public prosecution.

Please, do, keep us in touch with this case, Maria.

Thank you for putting that story up here, what a sad and disturbing story it is. I hope to God that the courts see sense and that the courts will listen to what appears to be the overwhelming public opinion of the people. I just do not understand why courts behave like this and makes you wonder if they have the welfare of children at heart at all.

This is so sad.

The poor child is a like a tennis ball. These poor couple who want to love the child having to go through it all as well.

In every civilised country, the supreme interest of the child is the driving aim of Social Services and courts. So I thought, and liked to look at my country as one of those.

That's obviously not the case. After all sorts of decisions and counter decisions, Ana Filipa was oredered to spend Christmas with the biological father and taken from the affection parents on the back of the court building by a social worker and into her biological father's new car among screams audible from the front of the building. During those days (court holidays), without hearing the affection parents or the biological mother, the court extended that stay until the begining of school on the 5th January. News aren't clear, but she is still with her biological father, in preparation for a final decision by the court to give him the guard of the child definitively, it seems. ONE social worker, appointed by the court, is 'witnessing' the good 'integration' of the child in her 'new family'. Affection parents and biological mother are not allowed to speak to or see Ana Filipa.

The biological father is even sueing the Portuguese State on the European Court for the delay of justice in this case!!!

He will get state help for having the guard of his daughter and already made a fortune in compensations decided by the court from the affection parents (his new bright car came from that already). The affection father wrote a book 'I love you, daughter', to tell the world about loving a child and yes, getting some money to pay for the biological father's demands.

I don't dare thinking about the outcome of this saga. I just hope Ana Filipa, 6, is strong enough to carry on and that this country wakes up, once more, for this situation. In time, preferably.

Maria

This has upset me so much. The poor child. We have a similar case here in Australia, concerning foster parents. I have detailed this under families in the news. The children in question have been with foster parents (the same ones) since they were tiny babies, and they are now 5 or 6 or something like that. And are being moved to a place with people they dont know where there are already 6 kids. The welfare services are allowing a child factory to operate. All these kids mean to this mother is more money each fortnight, as neither the mother or step father work. It is clearly not in the interest of the children.

The decision in Portugal is not in the best interest of the child either. Our children are covered under a judicial privacy order, so no one knows who they are, except for a few people, and one of those has come forward but doesnt seem to be able to change it.

I hope that Ana gets proper assessments and is allowed back to her parents, as she is too old to forget them without severe trauma.

There are enough children in the world suffering, without the courts adding to that suffering. The good of the children must and should outweigh the rights of the parents. And any system which doesnt do this is just plain wrong. And in Australia and Portugal, it would appear that they are just plain wrong. And these poor children are going to suffer for it. Lets hope that the children survive without too much damage.

On her 7th birthday, Ana Filipa was not allowed to be greeted by her affection parents and biological mother. She was instead definitively 'delivered' to the guard of her biological father. With compliments of the portuguese state, represented in the act by the court of Torres Novas.

All children experts respected by their professionalism have expressed their worst fears about this child.