Forced adoption is an area which is arguably one of the most controversial within the family justice system, and given that it entails removing children by the State from their parents without their consent and placing these children up for adoption, it’s not hard to see why. Once a child is adopted, even if wrongly so and the State has made a mistake removing that child, ‘policy’ often prevents children being returned back to their parents.
A quick search on google for ‘Forced Adoption’ reveals just how widely the practice is commented upon, from politicians to political parties, and national newspapers, so when the Scottish case of a mother bringing an appeal to the Supreme Court, challenging the authorities’ right to take children without her consent on the ground that it breached the Human Rights Act, many people within the family sector and beyond both in Scotland and England, read about the case’s progress with interest.
The case was closed last week, when judgment was handed down and heard before Lord Hope, Lady Hale, Lord Wilson, Lord Reed and Lord Carnwath. The Supreme Court dismissed the appeal and held that the current practice of forced adoption was not in breach of the Human Rights Act.