swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Adoption - From: 1930 To: 1959
This page lists 4 cases, and was prepared on 02 April 2018.
Skinner v Carter [1948] Ch 387
1948
Lord Greene MR
Adoption
An adoption order alters the status of the child concerned, who is the person primarily affected and interested. Consequently, in any proceedings for the revocation or annulment of an adoption order, the child must be represented.
1 Citers
J and J v C's Tutor 1948 SC 636
1948
Scotland, Adoption
Adoptive parents tried to reduce an adoption order. They asserted an essential error induced by innocent misrepresentations made by those acting for the natural mother; it was averred by the pursuers that they had been incorrectly assured that a satisfactory medical report existed in relation to the child. The child had suffered brain injury at birth. Secondly, they contended that statutory requiremnts had not been carried out; the adoption petition was presented less than three months from the date when the child was placed in the care of the adoptive parents, contrary to the Act. Held: Adoption involves unpredictable risks as to the development of the child, and that therefore there should be no possibility of going back. Moreover, adoption affects status in a peculiarly fundamental manner; it creates a relationship whose paradigm is the relationship of natural parent and natural child, a relationship which, apart from the statutory possibility of adoption, is obviously wholly irrevocable and unbreakable. The Act "made a serious invasion upon the common law by introducing a novel institution which cannot easily be fitted into its setting". An adoption order is sui generis; consequently the inherent power of the Court of Session to reduce decrees in absence and in foro should not apply. Essential error was not a valid ground for reduction of an adoption order.
Adoption of Children (Scotland) Act 1930
1 Citers
Rex v Leeds City Justices, ex parte Gilmartin [1951] CLY 1629
1951
Adoption
1 Citers
Lawson v Registrar General; 1956 - (1956) 105 LJ 204