Adoption decision: consent

Question 1

What does the child’s welfare demand

Answer 1

Welfare demands that the parents consent is dispensed with S 47(2) and s 52(1) sets out the grounds

Question 2

In order to oppose adoption what is needed

Answer 2

S 47(5) leave of the court, and there must be a change of circumstance S 47(7)

Question 3

When will there be a change of circumstance

Answer 3

Any change must be within a child’s time frame Re S

Question 4

What did Re B-S (CA) do to leave applications

Answer 4

A successful application was made making them more common, but still a very high hurdle to surmount.

Question 5

Re W

Answer 5

Even if there has been a change of circumstance it must be assessed the ultimate chances of success

Question 6

If the parent will not consent it must be dispensed with

Answer 6

S 47(2)

Question 7

Which section covers the situations of dispensing with consent

Answer 7

S 52(1)

(a) the parent or guardian cannot be found or lacks capacity (within the meaning of the Mental Capacity Act 2005) to give consent, or
(b) the welfare of the child requires the consent to be dispensed with.