Z (Adoption: Scottish Child Placed in England: Convention Compliance), Re

Z (Adoption: Scottish Child Placed in England: Convention Compliance), Re

Adoption is required for Z's welfare as her biological parents are strangers to her, and only adoption can provide the permanence and normality she needs. The Scottish process was Convention compliant and parental consent is lawfully dispensed with.

Parties
Applicant: The Applicant; 1st Respondent: The mother; 2nd Respondent: The father; 3rd Respondent: The child (by her Children’s Guardian); Intervenor: The Lord Advocate
Jurisdiction
England and Wales
Judgment Date
30 August 2012
Procedural Posture
Adoption / Final Judgment
Outcome
Application granted
Legal Topics
Adoption, Child Placement, Convention Compliance, Parental Consent, Children's Hearing, Welfare of the Child

Case Brief

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Parties

The Applicant

Applicant

The mother

1st Respondent

The father

2nd Respondent

The child (by her Children’s Guardian)

3rd Respondent

The Lord Advocate

Intervenor

Procedural Posture

Adoption / Final Judgment

  1. 1 Whether the Scottish legal process for placing a child for adoption in England was Convention compliant
  2. 2 Whether parental consent can be dispensed with under s52(1)(b) ACA 2002
  3. 3 Whether the welfare of the child requires adoption

Ratio Decidendi

Adoption is required for Z's welfare as her biological parents are strangers to her, and only adoption can provide the permanence and normality she needs. The Scottish process was Convention compliant and parental consent is lawfully dispensed with.

Court Disposition

Application granted

Orders

  • Z’s name is entered on the Adopted Children Register