APPLICATION FOR THE ADOPTION OF THE CHILD L [2013] ScotSC 66 (22 August 2013)

APPLICATION FOR THE ADOPTION OF THE CHILD L [2013] ScotSC 66 (22 August 2013)

Natural parents whose consent to adoption has been dispensed with by a permanence order have no right or locus to oppose the adoption application except in relation to terms and conditions regarding contact. The court must ensure a fair hearing on contact, but is not required to allow evidence to be led unless necessary. The suitability of the adoptive parents is not a matter for the natural parents to contest at this stage.

Citation
[2013] ScotSC 66
Parties
Petitioners' Advocate: Mrs Guthrie; Natural Mother: BM; Natural Father: CR
Jurisdiction
Scotland
Judgment Date
22 August 2013
Procedural Posture
Adoption Application / Interlocutory Judgment on Opposition and Procedure
Outcome
Motion of the natural parents to oppose the adoption application refused; directions given for further reports and hearings on contact.
Legal Topics
Adoption, Parental Rights, Contact Orders, Permanence Orders, Human Rights (article 6 and 8 Echr)
Family Law Child Law Adoption Parental Rights Contact Orders Permanence Orders Human Rights (article 6 and 8 Echr)

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Parties

Mrs Guthrie

Petitioners' Advocate

BM

Natural Mother

CR

Natural Father

Procedural Posture

Adoption Application / Interlocutory Judgment on Opposition and Procedure

Legal Issues

  1. 1 Whether natural parents whose consent to adoption has been dispensed with have locus to oppose the adoption application
  2. 2 Whether natural parents are entitled to seek terms or conditions relating to contact in the adoption order
  3. 3 Whether the court must allow evidence to be led on contact arrangements post-adoption

Ratio Decidendi

Natural parents whose consent to adoption has been dispensed with by a permanence order have no right or locus to oppose the adoption application except in relation to terms and conditions regarding contact. The court must ensure a fair hearing on contact, but is not required to allow evidence to be led unless necessary. The suitability of the adoptive parents is not a matter for the natural parents to contest at this stage.

Court Disposition

Motion of the natural parents to oppose the adoption application refused; directions given for further reports and hearings on contact.

Orders

  • Refused the motion of BM and CR to oppose the craves of the application.
  • Recalled the appointment of Andrew Maxwell as Reporting Officer and Curator ad litem; appointed Murray Bolling as Reporting Officer and Curator ad litem.