Abstract
Discusses the significance of the Adoption and Children (Scotland) Act 2007, which replaces the Adoption (Scotland) Act 1978 and is expected to come into force in 2009. Considers: (1) the basic rule pertaining to parental or guardian consent under s.31 of the Act; (2) the grounds for dispensation based on impossibility of obtaining parental consent; (3) the test for the unreasonable refusal of consent; (4) the ground based on non-fulfilment of parental responsibilities; (5) the ground for dispensing with parental consent based on child welfare; and (6) issues of compatibility with the European Convention on Human Rights 1950 art.8.
| Original language | English |
|---|---|
| Pages (from-to) | 213-218 |
| Number of pages | 6 |
| Journal | Scots Law Times |
| Volume | 2008 |
| Issue number | 32 |
| Publication status | Published - 2008 |
Keywords
- family law
- Scotland
- parental consent
- parental responsibility
- impossibility
- children's welfare
- adoption
- compatibility