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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the applicant is a fit and proper person to adopt the child
- 2 Whether the adoption is in the best interest of the child
- 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
Full Case Text
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