PET: CDF AND DCF FOR AUTHORITY TO ADOPT [2019] ScotCS CSOH_37 (23 April 2019)

PET: CDF AND DCF FOR AUTHORITY TO ADOPT [2019] ScotCS CSOH_37 (23 April 2019)

Both respondents are unable to discharge parental responsibilities and are likely to continue to be unable to do so; the welfare of the child requires adoption for security and permanence; lesser orders would not suffice.

Citation
[2019] ScotCS CSOH_37
Parties
Petitioners: CDF and DCF; First Respondent: KL; Second Respondent: JJW
Jurisdiction
Scotland
Judgment Date
23 April 2019
Procedural Posture
Adoption Petition / Final Judgment After Proof
Outcome
Petition granted; adoption order made.
Legal Topics
Adoption, Parental Rights, Child Welfare, Dispensing With Parental Consent
Family Law Adoption Parental Rights Child Welfare Dispensing With Parental Consent

Case Brief

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Parties

CDF and DCF

Petitioners

KL

First Respondent

JJW

Second Respondent

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 respondents are unable to discharge parental responsibilities
  3. 3 Whether adoption serves the welfare and best interests of the child

Ratio Decidendi

Both respondents are unable to discharge parental responsibilities and are likely to continue to be unable to do so; the welfare of the child requires adoption for security and permanence; lesser orders would not suffice.

Court Disposition

Petition granted; adoption order made.

Orders

  • Adoption order granted in favour of petitioners.
  • Indirect contact ordered for respondents twice annually.