APPLICATION BY LD. FOR THE ADOPTION OF CHILD CH [2011] ScotSC 151 (15 September 2011)

APPLICATION BY LD. FOR THE ADOPTION OF CHILD CH [2011] ScotSC 151 (15 September 2011)

Having regard to the welfare of CH throughout her life, the court found that the consent of CB and MH should be dispensed with, that adoption by LD is better for CH than not granting the order, and that no condition for post-adoption contact should be attached.

Citation
[2011] ScotSC 151
Parties
Petitioner: LD; Respondent (mother of Ch): CB; Respondent (father of Ch): MH
Jurisdiction
Scotland
Judgment Date
15 September 2011
Procedural Posture
Adoption Petition / Final Judgment After Proof
Outcome
Adoption order granted; parental consent dispensed with; no post-adoption contact order; supervision requirements ceased; no expenses awarded.
Legal Topics
Adoption, Dispensing With Parental Consent, Child Welfare, Post Adoption Contact
Family Law Child Law Adoption Dispensing With Parental Consent Child Welfare Post Adoption Contact

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Parties

LD

Petitioner

CB

Respondent (mother of Ch)

MH

Respondent (father of Ch)

Procedural Posture

Adoption Petition / Final Judgment After Proof

Legal Issues

  1. 1 Whether parental consent to adoption should be dispensed with under section 31 of the Adoption and Children (Scotland) Act 2007
  2. 2 Whether adoption is in the best interests of the child CH throughout her life
  3. 3 Whether a post-adoption contact order should be made

Ratio Decidendi

Having regard to the welfare of CH throughout her life, the court found that the consent of CB and MH should be dispensed with, that adoption by LD is better for CH than not granting the order, and that no condition for post-adoption contact should be attached.

Court Disposition

Adoption order granted; parental consent dispensed with; no post-adoption contact order; supervision requirements ceased; no expenses awarded.

Orders

  • Dispenses with the consent of CB and MH to the adoption of CH.
  • Grants the prayer of the petition and makes an Adoption Order in favour of LD in respect of CH.