G for the adoption application in respect of "Mary" (Sheriff Court Civil) [2025] SCAIR 71 (18 September 2025)

G for the adoption application in respect of "Mary" (Sheriff Court Civil) [2025] SCAIR 71 (18 September 2025)

The court found that E and F are unable and likely to continue to be unable to discharge their parental responsibilities and rights in respect of Mary, satisfying the statutory ground for dispensing with their consent under sections 31(3)(c) and 31(4) of the Adoption and Children (Scotland) Act 2007. Adoption by G would consolidate Mary in a stable family unit, promote her welfare, and is better for her than any alternative order. The statutory requirements for adoption were met, and the conditions for indirect contact are appropriate and in Mary's best interests.

Citation
[2025] SCAIR 71
Parties
Petitioner: G; First Respondent: E; Second Respondent: F
Jurisdiction
Scotland
Judgment Date
18 September 2025
Procedural Posture
Adoption Application / Final Judgment After Proof
Outcome
Petition for adoption granted; consent of E and F dispensed with; adoption order made in favour of G with conditions for annual letterbox contact; compulsory supervision order for Mary ceased; no expenses due to or by either party.
Legal Topics
Adoption, Dispensing With Parental Consent, Child Welfare, Contact Orders
Family Law Child Law Adoption Dispensing With Parental Consent Child Welfare Contact Orders

Case Brief

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Parties

G

Petitioner

E

First Respondent

F

Second Respondent

Procedural Posture

Adoption Application / Final Judgment After Proof

Legal Issues

  1. 1 Whether consent of natural parents E and F to adoption should be dispensed with under the Adoption and Children (Scotland) Act 2007
  2. 2 Whether adoption by G is in the best interests and welfare of the child Mary
  3. 3 Whether alternative orders under the Children (Scotland) Act 1995 would sufficiently safeguard Mary's welfare

Ratio Decidendi

The court found that E and F are unable and likely to continue to be unable to discharge their parental responsibilities and rights in respect of Mary, satisfying the statutory ground for dispensing with their consent under sections 31(3)(c) and 31(4) of the Adoption and Children (Scotland) Act 2007. Adoption by G would consolidate Mary in a stable family unit, promote her welfare, and is better for her than any alternative order. The statutory requirements for adoption were met, and the conditions for indirect contact are appropriate and in Mary's best interests.

Court Disposition

Petition for adoption granted; consent of E and F dispensed with; adoption order made in favour of G with conditions for annual letterbox contact; compulsory supervision order for Mary ceased; no expenses due to or by either party.

Orders

  • Consent of E and F to adoption dispensed with
  • Adoption order made in favour of G for Mary