Legal Capacity, Parentage and Adoption

Question 1

Houston, Applicant (1996)

Answer 1

A person under 16 can consent to medical treatment where, in the opinion of their doctor, they can understand the nature of the possible consequences of the procedure.

Question 2

Russell v Wood (1987)

Answer 2

Illegitimate child also counted in beneficiary of father’s estate alongside children of his marriage.

Question 3

R v Human Fertilisation and Embryology Authority (1997)

Answer 3

Woman who’s husband died died whilst actively trying to conceive could not use husbands sperm for IVF.

Question 4

X v Y (2002)

Answer 4

Homosexual male donated sperm to Y, who was part of a female same sex couple, under the impression he would have a relationship with the child. Y tried to make this relationship difficult and grant her partner with PRRs instead. X was granted PRRS.

Question 5

L v B (2018)

Answer 5

Consent of IVF from father must be before treatment and properly recorded.

Question 6

S v L (2012)

Answer 6

All other options should be considered before adoption, it should be a. necessity.

Question 7

Re P (A Child) (2014)

Answer 7

Same test but more easily met for step-parents.

Question 8

H v M (1995)

Answer 8

Child born to un married couple. Mother of the child dies and custody is given to the father. The mother of the mother also has access to the child. The father applies to adopt the child, the grandmother opposed. Adoption not granted as unnecessary.

Question 9

Dundee City Council v M (2004)

Answer 9

Adoption application dismissed since parents were not invited to crucial adoption hearings, possibly affecting the decision.