30 September 2025
Nick Gova features in legal press on landmark adoption case
Head of Family Nick Gova has been featured in Today’s Family Lawyer on the landmark Scottish adoption case that has seen a child being adopted by separated parents.
A Scottish court has issued a first-of-its-kind ruling allowing the separated couple to adopt the younger sibling of their already adopted child as co-parents, despite not living together. The Court of Session adopted a 'broad and flexible' construction of the adoption legislation, with the paramount consideration being the welfare of the child.
Nick highlights this as a “child-centric approach” which, “while not binding in England, it could encourage the English courts to take a more flexible and pragmatic approach in relation to a child’s housing where they clearly thrive, rather than focusing on rigid legal categories.”
He concluded that in both Scottish and English jurisdictions, a child’s welfare remains the court’s paramount concern. This ruling reflects the need for family law to adapt to evolving family dynamics.
Read Nick’s comments
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