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Amanda Foreman and Others v. The Advocate General for Scotland [2016] CSOH 94

John Foreman died in 2012. He had been adopted when he was 7 years old.  The sixth and seventh pursuers in the case were biologically related to the deceased. The question for the court was whether biological relationship entitled the pursuers to claim as relatives in terms of the Damages (Scotland) Act 2011 Section 4(3)(b) or whether the adoption extinguished that right. Held that the underlying philosophy of the adoption legislation was to extinguish the biological claims, and the pursuers’ claims were dismissed.

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