Adopting the children of irreproachable parents? The Convention compatibility of the welfare ground for dispensing with parental consent to adoption

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Abstract

Compares the law on adoption in Scotland and England and Wales. Criticises the Supreme Court ruling in S v L on whether the welfare ground for dispensing with parental consent to adoption under the Adoption and Children (Scotland) Act 2007 s.31(3)(d) was compatible with a parent's right to family life under ECHR art.8. Considers public and private law adoptions, and calls for amendment of the 2007 Act.
Original languageEnglish
Pages (from-to)215-243
Number of pages29
JournalJuridical Review
Volume2015
Issue number3
Publication statusPublished - 30 Jun 2015

Keywords

  • adoption
  • child welfare
  • comparative law
  • ECHR compatibility
  • parental consent
  • right to respect for private and family life
  • Scotland

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