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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: 1995 To: 1995

This page lists 10 cases, and was prepared on 02 April 2018.


 
 Re H (Adoption: Disclosure of Information ); 1995 - [1995] 1 FLR 236
 
D v Grampian Regional Council 1995 SC (HL) 1
1995
HL
Jauncey L
Adoption
The House discussed the nature of an adoption order: "The Act of 1978 provides a comprehensive code for adoption and it is perfectly clear that the whole procedure is intended to produce a permanent result for the adopted child. An adoption order once made is irrevocable only in circumstances which will have no practical effect upon the child's day to day life in contradistinction to an order for custody or access which is always reviewable by the court when circumstances demand".
Adoption Act 1978
1 Citers


 
In Re T (A Minor) (Contact Order); In Re T (Adoption: Contact) Times, 13 January 1995; [1995] 2 FLR 251
13 Jan 1995
CA
Butler-Sloss LJ
Children, Adoption
A contact order which was not strictly necessary should not be made in adoption proceedings. Arrangements for contact should not be "imposed" upon the adoptive parents but should be "left to their good sense so that they could be trusted to do what they believe to be in the best interests of their daughter." Butler-Sloss LJ indicated that the court could intervene in future and make an order if the adoptive parents were to behave unreasonably
Adoption Act 1976
1 Citers


 
In Re D and Another (Minors) (Adoption: Access) Times, 10 March 1995
10 Mar 1995
HL

Adoption
A mother may not apply for access rights after her children had been placed with an adoption agency.
Law Reform (Parent and Child) (Scotland) Act 1986

 
Re B (Adoption Order: Jurisdiction To Set Aside) [1995] EWCA Civ 48; [1995] Fam 239; [1995] 3 FCR 671; [1995] Fam Law 469; [1995] 3 WLR 40; [1995] 3 All ER 333; [1995] 2 FLR 1
17 Mar 1995
CA
Swinton Thomas LJ
Adoption
The appellant was an adult in his thirties. He had been adopted at 3 months by an orthodox Jewish couple, and brought up as a Jew. His father was a Muslim Arab from Kuwait, and his mother was a Roman Catholic. He wished to settle in Israel, but was suspected of being an Arab spy and was asked to leave. He was also unable to settle in Kuwait. Having discovered his true origins, he applied to have the adoption order set aside. He now appealed against refusal of the order. Held. The appeal failed. Swinton Thomas LJ said: "In my judgment such an application faces insuperable hurdles. An adoption order has a quite different standing to almost every other order made by a court. It provides the status of the adopted child and of the adoptive parents. The effect of an adoption order is to extinguish any parental responsibility of the natural parents. Once an adoption order has been made, the adoptive parents stand to one another and the child in precisely the same relationship as if they were his legitimate parents, and the child stands in the same relationship to them as to legitimate parents. Once an adoption order has been made the adopted child ceases to be the child of his previous parents and becomes the child for all purposes of the adopters as though he were their legitimate child."
Adoption Act 1976 52
[ Bailii ]
 
Re B (Adoption: Setting Aside) Independent, 22 March 1995; [1995] 2 Fam L R 1
22 Mar 1995
CA

Adoption
Where the child's natural mother did not receive service of the adoption petition and had no other knowledge that an attempt was being made to adopt the child; in that event it can be considered that there is a fundamental injustice to the natural mother. There was no statutory basis for the setting aside of an adoption order, despite there having been a fundamental mistake. The natural procdure is an appeal.
1 Cites

1 Citers



 
 In Re T (Minors) (Adopted Children: Contact); CA 8-Aug-1995 - Times, 08 August 1995; Independent, 23 August 1995; [1996] Fam 34

 
 In Re AB (A Minor)(Adoption: Unmarried Couple); FD 10-Aug-1995 - Times, 10 August 1995

 
 Re D (Minors) (Adoption Reports: Confidentiality); HL 1-Sep-1995 - [1996] AC 593; [1995] UKHL 17; [1996] 1 FCR 205; [1995] 3 WLR 483; [1995] 4 All ER 385; [1995] 2 FLR 687; [1996] Fam Law 8
 
Re C (Adoption: Parties) Times, 01 June 1995; Gazette, 29 November 1995; [1995] 2 FLR 483
29 Nov 1995
CA

Adoption
There is no obligation to join an unmarried father without parental rights, in adoption proceedings. The choice is the mother's.
Adoption Rules 1984 15(2)

 
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