In adoption proceedings, ML refused her consent to the proposed adoption. She argued that the provision in the 1997 Act (allowing a court to dispense with her consent) was beynd the competence of the Scottish Parliament, and infringed her right to family life.
Judges:
Lord President, Lady Paton, Lord Kingarth
Citations:
[2011] ScotCS CSIH – 38, 2012 SC 8, 2011 GWD 21-482, 2011 SLT 1204, [2011] CSIH 38, 2011 Fam LR 106, 2012 SCLR 172
Links:
Statutes:
Adoption (Scotland) Act 2007, Scotland Act 1998 29(2)(d), European Convention on Human Rights 8
Jurisdiction:
Scotland
Cited by:
Appeal from – ANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Lists of cited by and citing cases may be incomplete.
Adoption, Human Rights, Constitutional
Updated: 19 November 2022; Ref: scu.441319
