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Ally Tow
Ally Tow
Senior Associate
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ADOPTION: X v Croatia
Date:17 JUL 2008

(European Court of Human Rights; 17 July 2008)

Someone divested of the capacity to act in legal proceedings should not be automatically excluded from adoption proceedings concerning his or her child. Instead of being summarily informed of the authority's decision that the daughter was to be adopted, the mentally ill mother should have been given the opportunity to express her views. The mother had been insufficiently involved in the adoption proceedings and there had been a breach of her human rights.