APPLICATION FOR THE ADOPTION OF THE CHILD L [2013] ScotSC 67 (22 August 2013)

APPLICATION FOR THE ADOPTION OF THE CHILD L [2013] ScotSC 67 (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 the terms and conditions of post-adoption contact. Article 6 and 8 ECHR rights are not engaged in relation to rights already extinguished by the permanence order, but are engaged regarding the remaining right of contact, which will be extinguished by the adoption order. The court must ensure a fair hearing on the issue of contact, but this does not necessarily include the right to lead evidence.

Citation
[2013] ScotSC 67
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
Natural parents' motions to oppose the adoption application refused except as to contact; further investigation and reports ordered on contact and name change; proof and pre-proof hearings fixed.
Legal Topics
Adoption, Parental Rights, Contact Orders, Permanence Orders, Procedural Fairness
Family Law Child Law Adoption Parental Rights Contact Orders Permanence Orders Procedural Fairness

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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 may oppose adoption applications beyond the issue of contact
  2. 2 Whether parents are entitled to be heard on post-adoption contact arrangements
  3. 3 Procedural requirements for intimation and participation in adoption proceedings

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 the terms and conditions of post-adoption contact. Article 6 and 8 ECHR rights are not engaged in relation to rights already extinguished by the permanence order, but are engaged regarding the remaining right of contact, which will be extinguished by the adoption order. The court must ensure a fair hearing on the issue of contact, but this does not necessarily include the right to lead evidence.

Court Disposition

Natural parents' motions to oppose the adoption application refused except as to contact; further investigation and reports ordered on contact and name change; proof and pre-proof hearings fixed.

Orders

  • Refuses the motion of BM and CR to oppose the craves of the application except as to contact.
  • Recalls appointment of previous curator ad litem and appoints new reporting officer and curator ad litem to investigate and report on contact and name change.