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  • 标题:Adoption and permanence order: whether parental consent should be dispensed with and permanence order with authority for adoption granted; contact.
  • 作者:Plumtree, Alexandra
  • 期刊名称:Adoption & Fostering
  • 印刷版ISSN:0308-5759
  • 出版年度:2012
  • 期号:March
  • 语种:English
  • 出版社:Sage Publications, Inc.
  • 摘要:This was an application for a permanence order with authority for adoption for a child whose parents had learning difficulties. After most of the evidence had been led, the parents withdrew their opposition to adoption, merely seeking direct contact. The sheriff granted the permanence order with authority for adoption, and indicated that she would have dispensed with parental consent on the evidence heard, if the parents had not agreed. The sheriff included an ancillary provision giving annual direct contact to the parents, as well as indirect contact.
  • 关键词:Adoption;Parental consent;Parenting

Adoption and permanence order: whether parental consent should be dispensed with and permanence order with authority for adoption granted; contact.


Plumtree, Alexandra



Orkney Island Council v H and H Sheriffdom of Grampian, Highland and Islands at Kirkwall Sheriff Valerie Johnston 9 October 2011

This was an application for a permanence order with authority for adoption for a child whose parents had learning difficulties. After most of the evidence had been led, the parents withdrew their opposition to adoption, merely seeking direct contact. The sheriff granted the permanence order with authority for adoption, and indicated that she would have dispensed with parental consent on the evidence heard, if the parents had not agreed. The sheriff included an ancillary provision giving annual direct contact to the parents, as well as indirect contact.

Dundee City Council v DG Sheriffdom of Tayside, Central and Fife at Dundee Sheriff GA Way 6 February 2012

This application for a permanence order with authority for adoption was granted, including ancillary provisions for direct and indirect contact. The sheriff found that the mother was able satisfactorily to discharge her parental responsibilities and rights, in terms section 83(3) of the 2007 Act, and therefore did not dispense with parental consent to adoption on that ground. However, he did dispense with the mother's consent on the basis that the child's welfare otherwise required it, in terms of section 83(2)(d) of the 2007 Act. The sheriff also made various remarks about contact issues generally; and commented on the petitioners' internal adoption agency procedures, including his expectation that birth parents should be invited to adoption panels.

Alexandra Plumtree, Legal Consultant at BAAF's Scottish Centre, prepared these notes
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