Legal Parentage And Adoption

Question 1

Johansen v Norway 1997

Answer 1

‘Measures totally depriving family life should only be applied in exceptional circumstances and could only be justified if they were motivated by an overriding requirement pertaining to the child’s best interests’

Question 2

P, C and S v United Kingdom 2002

Answer 2

All alternatives must be explored first, and adoption is justified only if these alternatives are not suitable as being against the interests of the child

Question 3

X v Y 2015

Answer 3

Non resident parent was child’s mother
Parents divorced and child remained with father
Step mother applied to adopt child but mother refused consent
Court refused to dispense with mother’s consent
Sheriff said child’s welfare could be secured with something lesser than adoption
Court granted the resident step mother full parental rights and responsibilities of the child

Question 4

Cameron v McIntyre’s executor 2006

Answer 4

Once an adoption order is made it is basically irrevocable

Question 5

Foreman v Advocate general for Scotland 2016

Answer 5

Adoption is total transference of parenthood from the birth parents to the adoptive parents, good for all purposes