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ANS and Another v ML: SCS 21 Jun 2011

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:

Bailii

Statutes:

Adoption (Scotland) Act 2007, Scotland Act 1998 29(2)(d), European Convention on Human Rights 8

Jurisdiction:

Scotland

Cited by:

Appeal fromANS 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

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