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

Norrie, Kenneth (2008) Welfare and the new grounds for dispensing with parental consent to adoption. Scots Law Times, 2008 (32). pp. 213-218.

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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.