In the matter of PRSM (Adoption order) (87 of 2009) [2009] SCSC 102 (14 June 2009)

In the matter of PRSM (Adoption order) (87 of 2009) [2009] SCSC 102 (14 June 2009)

The applicant is a fit and proper person to adopt the child, the biological parents have failed in their parental responsibilities, and the adoption is in the best interest of the child. The mother's consent was unreasonably withheld and is therefore dispensed with.

Citation
[2009] SCSC 102
Parties
Applicant: H J M; Minor Child: P I M S; Biological Father: E S; Biological Mother: J L; Respondent: Attorney General (Republic)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
14 June 2009
Case Number
87 of 2009
Procedural Posture
Adoption / Final Judgment
Outcome
adoption order granted
Legal Topics
Adoption, Parental Responsibility, Child Welfare
Source Language
English

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Parties

H J M

Applicant

P I M S

Minor Child

E S

Biological Father

J L

Biological Mother

Attorney General (Republic)

Respondent

Procedural Posture

Adoption / Final Judgment

  1. 1 Whether the applicant is a fit and proper person to adopt the child
  2. 2 Whether the adoption is in the best interest of the child
  3. 3 Whether the mother's consent was unreasonably withheld

Ratio Decidendi

The applicant is a fit and proper person to adopt the child, the biological parents have failed in their parental responsibilities, and the adoption is in the best interest of the child. The mother's consent was unreasonably withheld and is therefore dispensed with.

Court Disposition

adoption order granted

Orders

  • Adoption order granted in favour of the applicant under section 37 of the Children Act (Cap 28)
  • The child shall bear the name P R S M