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Professor Norrie's Commentaries on Family Law$
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Professor Norrie's Commentaries on Family Law

Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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July 2002

July 2002

Freeing Orders and Fathers who are not Parents

Chapter:
(p.75) Commentary No 14: July 2002
Source:
Professor Norrie's Commentaries on Family Law
Author(s):

Kenneth McK Norrie

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861193.003.0014

This commentary discusses the awkward position of the unmarried father in three adoption cases. In G v City of Edinburgh Council 2002 SLT 828 an unmarried father was excluded from the process of freeing his child for adoption. In North Lanarkshire Council v AW (unreported) the unmarried father carried out his “threat” to marry the mother and thereby acquired standing in the adoption process. In West LothianCouncil v M 2002 SLT 1155 the father acquired standing by entering a parental responsibilities agreement under section 4 of the Children (Scotland) Act 1995.

Keywords:   Unmarried fathers, Adoption, Freeing orders, Parenthood through marriage, Section 4 agreements, European Convention on Human Rights

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