SC: UGC Regulations Override State Law on Forming Search Committees For University VC Appointments  ||  SC: State Cannot Deny Regularisation to Long-Serving Contract Staff Appointed Through Due Process  ||  Supreme Court: Patients Cannot Claim Unproven Medical Treatments as a Matter of Right  ||  SC: Polluting Company’s Turnover May Be Considered While Fixing Environmental Damage Compensation  ||  Delhi HC: Dacoity Convicts U/S 395 IPC Cannot Claim Benefit under the Probation of Offenders Act  ||  Bombay HC: An Adopted Child’s Caste is Considered the Same as That of the Adoptive Parents  ||  Calcutta High Court: 18-Month Delay in Delivering a Judgment Alone is Not Sufficient to Set it Aside  ||  Punjab & Haryana High Court: ED Can Arrest Individuals Even if FIRs are Added to the ECIR Later  ||  SC: Menstrual Health is a Fundamental Right under Article 21; Orders Free Sanitary Pads in Schools  ||  Supreme Court: Industrial Court is the Proper Forum to Decide Issues Relating to Contract Labour    

South Eastern Health And Social Care Trust v. M - (23 Jan 2019)

Court shall regard welfare of child as most important consideration in relation to adoption

Family

In present case, the South Eastern Health and Social Care Trust (Appellant) sought an order pursuant to the Adoption (Northern Ireland) Order, 1987 that a child, named Mason, be freed for adoption in order that he could be adopted by his long term foster carers. Question involved in present case is whether Mason should remain in long term foster care with his foster carers or be freed for adoption by them.

Article 9 of the 1987 Order requires that in deciding on any course of action in relation to the adoption of a child, a court shall regard the welfare of the child as the most important consideration and shall have regard to all the circumstances full consideration being given, to amongst other matters, the need to be satisfied that adoption will be in the best interests of the child. This is the welfare principle under which the court is required to consider whether adoption is in the best interests of the child.

Article 9(b) requires that, in deciding on any course of action in relation to the adoption the Court shall “"so far as practicable, first ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding. There is a fundamental requirement in deciding on whether long term foster care or adoption is in the best interests of the child for the court to ascertain, listen to and give due consideration to the voice of the child.

The judge did not address or resolve the welfare issue as to adoption as opposed to long term foster care and did not consider the wishes and feelings of Mason. The issue as to whether M was or was not unreasonably withholding consent was not appropriately addressed. There was a serious procedural irregularity. The issues are key issues. There will need to be an assessment of the witnesses and in particular M. The matter should be remitted to be heard by a different judge.

Tags : ADOPTION   INTEREST   CHILD  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved