Y And Z (Children) (Adoption From Scotland)

Y And Z (Children) (Adoption From Scotland)

Adoption is the only option that meets the welfare needs of the children throughout their lives; the mother's consent is dispensed with because the children's welfare requires adoption, and no realistic alternative care plan is presented by the mother or Mr A.

Parties
Respondent: Mother; Respondent: Father of Y (Mr A); Applicant: Prospective Adopters; Interested Party: Children's Guardian; Interested Party: West Dunbartonshire Council
Jurisdiction
England and Wales
Judgment Date
16 December 2020
Procedural Posture
Adoption / Final Judgment
Outcome
adoption order granted; mother's consent dispensed with
Legal Topics
Cross Border Adoption, Parental Responsibility, Dispensing With Consent, Child Welfare, Scottish English Jurisdiction
Family Law Child Protection Adoption Cross Border Adoption Parental Responsibility Dispensing With Consent Child Welfare Scottish English Jurisdiction

Case Brief

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Parties

Mother

Respondent

Father of Y (Mr A)

Respondent

Prospective Adopters

Applicant

Children's Guardian

Interested Party

West Dunbartonshire Council

Interested Party

Procedural Posture

Adoption / Final Judgment

Legal Issues

  1. 1 Whether adoption is in the best interests of the children
  2. 2 Whether the mother's consent to adoption should be dispensed with
  3. 3 Jurisdictional impact of Scottish compulsory supervision order vs permanence order

Ratio Decidendi

Adoption is the only option that meets the welfare needs of the children throughout their lives; the mother's consent is dispensed with because the children's welfare requires adoption, and no realistic alternative care plan is presented by the mother or Mr A.

Court Disposition

adoption order granted; mother's consent dispensed with

Orders

  • Adoption order made for Y and Z in favour of the prospective adopters
  • No contact order made; indirect contact left to adopters' discretion