130 Baird, Annie
The Ambassador in Great Britain (Mellon) to the Secretary of State
No. 519
London, November 29,
1932.
[Received December 7.]
Sir: I have the honor to refer to the
Department’s instruction No. 232 of September 26, 1932, File No.
130–Baird, Annie, and to transmit herewith a copy of the note which
on October 10 was addressed to the Foreign Office21 and a copy of the latter’s
reply under date of November 28, from which it will be seen that the
British authorities are not disposed to certify to the legality of
Miss Baird’s adoption. The Embassy has informed the Consul at Dundee
in this sense and has added that it was asking the Department to
instruct it as to whether Miss Baird is still to be regarded as an
American citizen. Instructions in that relation are accordingly
respectfully requested.
Respectfully yours,
For the Ambassador:
Ray Atherton
Counselor of Embassy
[Enclosure]
The British Principal Secretary of State for
Foreign Affairs (Simon) to
the American Ambassador (Mellon)
No. L 5916/5308/405
His Majesty’s Principal Secretary of State for Foreign Affairs
presents his compliments to the United States Ambassador and,
with
[Page 22]
reference to Mr.
Mellon’s Note No. 293 of October 10th last, relative to the case
of Miss Annie Baird, has the honour to inform His Excellency
that the Secretary of State for Scotland has intimated that,
until the Adoption of Children (Scotland) Act, 1930, came into
operation, adoption of children was not recognized by the law of
Scotland, and had no legal effect in Scotland. That Act was not
retrospective and, while the Secretary of State has no authority
to give any binding opinion as to the effect of the agreement
stated to have been entered into at Dundee in 1915 between the
girl’s father, John Gardyne, and Mr. and Mrs. Baird, it appears
to him that such an agreement could not have affected the
personal status of Miss Baird so far as the law of Scotland is
concerned.
[London,] 28 November,
1932.