Welfare and the new grounds for dispensing with parental consent to adoption

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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 languageEnglish
Pages (from-to)213-218
Number of pages6
JournalScots Law Times
Volume2008
Issue number32
Publication statusPublished - 2008

Keywords

  • family law
  • Scotland
  • parental consent
  • parental responsibility
  • impossibility
  • children's welfare
  • adoption
  • compatibility

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