Adoption - 1996

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This page lists 12 cases, and was prepared on 15 November 2008.

Re D (Minors) (Adoption Reports: Confidentiality) [1996] AC 593
1996 HL Lord Mustill	Adoption, Administrative	Casemap 1 Cites 1 Citers
	The House considered whether it was right for a tribunal to see and rely upon papers not disclosed to the parties. Lord Mustill: "a first principle of fairness that each party to a judicial process shall have an opportunity to answer by evidence and argument any adverse material which the tribunal may take into account when forming its opinion. This principle is lame if the party does not know the substance of what is said against him (or her), for what he does not know he cannot answer." and "It is a fundamental principle of fairness that a party is entitled to the disclosure of all materials which may be taken into account by the court when reaching a decision adverse to that party."

In Re H (A Minor)(Adoption Application)
9 May 1996 CA	Adoption
	Test for adoption lays in the statutory considerations not on other cases.
	Statute References omitted

Re H (A Minor)(Adoption)
30 May 1996 CA	Adoption
	Adoption allowing child to stay in UK permissible within Judge's discretion.
	Adoption Act 1976 6

In Re G (A Minor)(Adoption: Freeing Order)
11 Jun 1996 CA	Adoption
	Court may not make interim care order at same time as revoking freeing order.
	Statute References omitted

Re G (A Minor)(Adoption: Freeing Order)
26 Jun 1996 CA	Adoption
	No interim care order is possible after revocation of adoption freeing order.
	Statute References omitted

T Petitioner 1997 SLT 724
20 Aug 1996 OHCS	Adoption, Scotland	1 Citers
	A homosexual sought an adoption order. He intended to raise the child with his male partner. The relationship was readily described as constituting a family. But as for an heterosexual couple the existence of children was not a necessary factor for entitling the couple to qualify as a family. The couple would qualify by themselves, just as they would continue to do after the adopted child had grown up and started an independent life. There was no principle against an adoption by a male homosexual to be brought up by a male couple.
	Adoption (Scotland) Act 1978

C Petitioner (Scotland)
16 Sep 1996 IHCS	Adoption
	Adoption not made impossible by unlawful surrogacy payment for bearing child.
	Statute References omitted

G (Minors) CA Civ 710
14 Oct 1996 CA	Children, Adoption
	The father sought contact with his children who had been taken into care, and an extension of time with respect to an order freeing them for adoption. He had a history of sexual abuse of children, and some lesser abuse of his own children, and was listed as a schedule 1 offender. A respected psychiatrist supported him, because of his devotion to the children and their close bond with him. Leave was refused.
	Link[s] omitted

B (Minors) [1996] EWCA Civ 1045
27 Nov 1996 CA	Adoption, Children	Casemap 1 Cites
	The case concerned applications for care orders. Four young girls would be separated from their elder sister and their mother, who sought interim contact. The judge disagreed with the care plan proposed by the local authority. His powers were, either to allow the care order and submit them to the care plan, or to refuse the care order, and have them with a possibly inappropriate carer. The local authority had since concluded that adoption would no longer succeed. A placement with a foster family might allow renewed contact, once the issue of care order came back to court, it was for the judge to settle the issue of contact. That is what the court should consider once a placement had been found.
	Link[s] omitted

In Re C and F (Minors) (Adoption)
28 Nov 1996 CA	Adoption
	A revocation notice issued by the adoption agency precludes an application by adoptive parents.
	Statute References omitted

In Re L (a Minor) (Adoption: Disclosure of Information) [1996] EWCA Civ 1195
12 Dec 1996 CA	Adoption, Administrative, Adoption	Casemap 1 Cites
	A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant's adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to an adopted child is needed, before any disclosure is to be made to the natural parent. The words of section 50(5) were mandatory, and disclosure should be given in only exceptional cases.
	Statute References omitted
	Link[s] omitted

In Re L (a Minor) (Adoption: Disclosure of Information) [1996] EWCA Civ 1195
12 Dec 1996 CA	Adoption, Administrative, Adoption	Casemap 1 Cites
	A request was made for an order that the Registrar General should provide information from his registers and records to enable a registered charity called the Post Adoption Centre to trace the applicant's adopted daughter P, who had been made the subject of an adoption order very many years ago. Held: A clear benefit to an adopted child is needed, before any disclosure is to be made to the natural parent. The words of section 50(5) were mandatory, and disclosure should be given in only exceptional cases.
	Statute References omitted
	[ Bailii ]