MM v ES [1999] ScotCS 26 (19 January 1999)

MM v ES [1999] ScotCS 26 (19 January 1999)

The appeal is allowed because the evidence and averments raise a material issue as to whether all reasonable steps were taken to find MM before dispensing with her consent; procedural fairness requires a rehearing with MM present and represented.

Citation
[1999] ScotCS 26
Parties
Appellant: MM; Petitioner and Respondent: ES
Jurisdiction
Scotland
Judgment Date
19 January 1999
Procedural Posture
Appeal / Post Adoption Order, Appeal Against Interlocutor and Adoption Order
Outcome
appeal allowed
Legal Topics
Adoption, Dispensation of Parental Consent, Procedural Fairness, Parental Rights
Family Law Adoption Dispensation of Parental Consent Procedural Fairness Parental Rights

Case Brief

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Parties

MM

Appellant

ES

Petitioner and Respondent

Procedural Posture

Appeal / Post Adoption Order, Appeal Against Interlocutor and Adoption Order

Legal Issues

  1. 1 Whether all reasonable steps were taken to find the natural mother before dispensing with her consent to adoption
  2. 2 Whether the adoption order should be quashed and the matter remitted for rehearing

Ratio Decidendi

The appeal is allowed because the evidence and averments raise a material issue as to whether all reasonable steps were taken to find MM before dispensing with her consent; procedural fairness requires a rehearing with MM present and represented.

Court Disposition

appeal allowed

Orders

  • Sheriff's interlocutor recalled
  • Adoption Order quashed