Adoption granted to prevent challenge to other orders

In Petitions of AV and SV [2017] CSOH 103, Lady Wise granted adoption applications made by a woman and her husband in respect of the children of her half sister.

The granting of the orders was opposed on the basis that adoption, as an order of last resort, was not necessary in order to meet the needs of the children. Lady Wise determined that adoption was “necessary and proportionate” in the circumstances of the case.

Setting out the test for an adoption order to be granted, Lady Wise concluded that the “only way in which the children could be assured of having a set of parents with the ability to support and guide them throughout their lives is by the making of an adoption order”.

The risk of future challenge to any order other than adoption made the granting of the orders imperative.