B and B [1964] ScotCS CSIH_2 (12 November 1964)

B and B [1964] ScotCS CSIH_2 (12 November 1964)

The court cannot grant an adoption order for a minor in Scotland unless the minor's consent is obtained, and the court has no power to dispense with that consent under the Adoption Act 1958.

Citation
[1964] ScotCS CSIH_2
Parties
Petitioners: B and B; Respondent: Sheriff-substitute
Jurisdiction
Scotland
Judgment Date
12 November 1964
Procedural Posture
Appeal From Sheriff Court Under Adoption Act 1958 / Appeal
Outcome
appeal refused
Legal Topics
Adoption, Consent of Minor, Mental Incapacity
Family Law Adoption Consent of Minor Mental Incapacity

Case Brief

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Parties

B and B

Petitioners

Sheriff-substitute

Respondent

Procedural Posture

Appeal From Sheriff Court Under Adoption Act 1958 / Appeal

Legal Issues

  1. 1 Whether the court can grant an adoption order for a mentally retarded minor incapable of consenting under the Adoption Act 1958

Ratio Decidendi

The court cannot grant an adoption order for a minor in Scotland unless the minor's consent is obtained, and the court has no power to dispense with that consent under the Adoption Act 1958.

Court Disposition

appeal refused

Orders

  • application for adoption order refused