A v B [2022] EWHC 2962 (Fam)

Convention Adoption Order and capacity This case involved an application for a Convention Adoption Order (under the 1993 Hague Adoption Convention) but mentions capacity in passing when the court dispensed with the consent of the mother. (Section 52(1) Adoption and Children Act 2002 states: "The court cannot dispense with the consent of any parent or guardian of the child to the child being placed for adoption or to the making of an adoption order in respect of the child unless the court is satisfied that (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.")

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Full judgment: BAILII

Subject(s):

  • Other capacity cases🔍

Date: 23/11/22🔍

Court: High Court (Family Division)🔍

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Published: 4/12/22 11:23

Cached: 2024-05-02 03:07:57