Office of Public Sector Information
PART 1 continued CHAPTER 6 continued
(2) Those cases are—
(a) that a British resident wishes to bring, or cause another to bring, a child who is not a British resident into the United Kingdom for the purpose of adoption by the British resident and, in connection with the proposed adoption, there have been, or would have to be, proceedings in the relevant country or dealings with authorities or agencies there, or
(b) that a British resident wishes to bring, or cause another to bring, into the United Kingdom a child adopted by the British resident under an adoption effected, within the period of 12 months ending with the date of the bringing in, under the law of the relevant country.
(3) The Scottish Ministers may by order declare, in relation to any relevant country, that special restrictions are to apply for the time being in relation to the bringing in of children in the cases mentioned in subsection (2).
(4) The Scottish Ministers must, as respects each relevant country in relation to which such a declaration has effect for the time being (a “restricted country”), publish reasons for making the declaration in relation to the country.
(5) The Scottish Ministers must publish a list of restricted countries (“the restricted list”) and keep the list up to date.
(6) The reasons and the restricted list are to be published in whatever way the Scottish Ministers think appropriate for bringing them to the attention of adoption agencies and members of the public.
(7) In this section, “British resident” means a person habitually resident in the British Islands.
(8) Any reference in this section to adoption by a British resident includes adoption by a British resident and another person.
(1) The Scottish Ministers must keep under review, in relation to each restricted country, whether it should continue to be a restricted country.
(2) If the Scottish Ministers determine, in relation to a restricted country, that there is no longer a reason to believe what is mentioned in subsection (1) of section 62, they must by order revoke the order containing the declaration made in relation to it under subsection (3) of that section.
(3) In this section, “restricted country” has the same meaning as in section 62.
(1) The special restrictions mentioned in subsection (3) of section 62 are that the Scottish Ministers are not to take any step which they might otherwise have taken in connection with furthering the bringing of a child into the United Kingdom in the cases mentioned in subsection (2) of that section (whether or not that step is provided for by virtue of any enactment).
(2) Nothing in subsection (1) prevents the Scottish Ministers from taking those steps if, in any particular case, the prospective adopters or, as the case may be, the adopters satisfy the Scottish Ministers that they should take those steps despite the special restrictions.
(3) The Scottish Ministers may make regulations providing for—
(a) the procedure to be followed by them in determining whether or not they are satisfied as mentioned in subsection (2),
(b) matters which they are to take into account when making such a determination (whether or not they also take other matters into account).
(1) The Scottish Ministers may make regulations providing—
(a) for them to specify in the restricted list, in relation to any restricted country, a step which is not otherwise provided for by virtue of any enactment but which, by virtue of the arrangements between the United Kingdom and that country, the Scottish Ministers normally take in connection with the bringing in of a child where that country is concerned, and
(b) that, if such a step has been so specified in relation to a restricted country, one or more conditions specified in the regulations are to be met in respect of a child brought into the United Kingdom in either of the cases mentioned in section 62(2) (reading the reference there to the “relevant country” as being to the restricted country in question).
(2) Those conditions are in addition to any provided for by virtue of—
(a) section 58, or
(b) any other enactment.
(3) A person who brings, or causes another to bring, a child into the United Kingdom commits an offence if the person has not met any condition which the person is required to meet by virtue of subsection (1)(b).
(4) Subsection (3) does not apply if the step specified in the restricted list in relation to any country had already been taken before the publication of the restricted list.
(5) A person who commits an offence under subsection (3) is liable—
(a) on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both,
(b) on conviction on indictment to imprisonment for a term not exceeding 12 months or a fine or both.
(6) In this section, “restricted country” and “restricted list” have the same meanings as in section 62.
(1) This section applies to adoptions to which—
(a) section 58 applies, or
(b) regulations made under section 1 of the Adoption (Intercountry Aspects) Act 1999 (c. 18) apply.
(2) The Scottish Ministers may charge a fee to adopters for services provided or to be provided by them in relation to adoptions to which this section applies.
(3) The Scottish Ministers may determine the level of fee as they see fit and may, in particular—
(a) charge a flat fee or charge different fees in different cases or descriptions of case,
(b) in any case or description of case, waive a fee.
(4) The Scottish Ministers must secure that, taking one financial year with another, the income from fees under this section does not exceed the total cost to them of providing the services in relation to which the fees are imposed.
(5) In this section, “financial year” means a period of 12 months ending with 31 March.
(6) Any references in this section—
(a) to adoptions include prospective adoptions, and
(b) to adopters include prospective adopters.
(1) In this Act, “overseas adoption”—
(a) means an adoption of a description specified in regulations made by the Scottish Ministers (being a description of adoptions effected under the law of any country or territory outwith the British Islands), but
(b) does not include a Convention adoption.
(2) The Scottish Ministers may by regulations prescribe the requirements that ought to be met by an adoption of any description effected after the coming into force of the regulations for it to be an overseas adoption for the purposes of this Act.
(3) At any time when regulations under subsection (2) are in force, the Scottish Ministers must exercise their power under subsection (1) so as to secure that adoptions of any description effected after the coming into force of the regulations are not overseas adoptions for the purposes of this Act if they consider that such adoptions are not likely, within a reasonable time, to meet the requirements prescribed under subsection (2).
(4) Regulations under subsection (1) may contain provision as to the manner in which evidence of any overseas adoption may be given.
(5) In this section, “adoption” means the adoption of a child or of a person who was a child at the time the adoption was applied for.
(1) The Court of Session may, on an application under this subsection, by order annul a Convention adoption or a Convention adoption order on the ground that the adoption or, as the case may be, order is contrary to public policy.
(2) The Court of Session may, on an application under this subsection—
(a) order that an overseas adoption or a determination is to cease to be valid in Great Britain on the ground that the adoption or, as the case may be, determination is contrary to public policy or that the authority which purported to authorise the adoption or make the determination was not competent to entertain the case,
(b) decide the extent, if any, to which a determination has been affected by a subsequent determination.
(3) The Court of Session may, in any proceedings in that court, decide that an overseas adoption or a determination is, for the purposes of those proceedings, to be treated as invalid in Great Britain on either of the grounds mentioned in subsection (2)(a).
(4) An order or decision of the High Court on an application under section 89(2) of the 2002 Act is to be recognised and to have effect as if it were an order or decision of the Court of Session on an application under subsection (2).
(5) Except as provided by this section, the validity of a Convention adoption, a Convention adoption order, an overseas adoption or a determination is not to be questioned in proceedings in any court in Scotland.
(6) In this section “determination” means such a determination as is mentioned in section 70.
(1) Any application for—
(a) an order under section 68, or
(b) a decision under subsection (2)(b) of that section,
is to be made in the manner prescribed in regulations made by the Scottish Ministers and within such period as may be so prescribed.
(2) No application is to be made under section 68(1) in respect of an adoption unless immediately before the application is made—
(a) the person adopted was habitually resident in Scotland, or
(b) the persons on whose application the adoption order was made were habitually resident there.
(3) In deciding in pursuance of section 68 whether such an authority as is mentioned in section 70 was competent to hear a particular case, a court is to be bound by any finding of fact made by the authority and stated by the authority to be so made for the purpose of determining whether the authority was competent to hear the case.
(1) Subsection (2) applies where—
(a) an authority of a Convention country (other than the United Kingdom) having power under the law of that country—
(i) to authorise, or review the authorisation of, a Convention adoption, or
(ii) to give or review a decision revoking or annulling such an adoption or a Convention adoption order, or
(b) an authority of a relevant territory having power under the law of that territory—
(i) to authorise, or review the authorisation of, a Convention adoption or an adoption effected in that territory, or
(ii) to give or review a decision revoking or annulling such an adoption or a Convention adoption order,
makes a determination (“the relevant determination”) in the exercise of that power.
(2) Subject to section 68 and any subsequent determination having effect under this subsection, the relevant determination has effect in Scotland for the purpose of effecting, confirming or terminating the adoption in question or confirming its termination as the case may be.
(3) In subsection (1), “relevant territory” means—
(a) any of the Channel Islands,
(b) the Isle of Man, or
(c) any British overseas territory (within the meaning of the British Nationality Act 1981 (c. 61)).
(4) Section 35 applies in relation to an order under Article 17 (freeing child for adoption with parental agreement) or 18 (freeing child for adoption without parental agreement) of the Northern Ireland Order as if it were an adoption order.
(5) Sections 35(2) and (3) and 43 apply in relation to a child who is the subject of an order which—
(a) is similar to an order under section 59, and
(b) is made (whether before or after this Act has effect) in a part of the British Islands,
as those sections apply in relation to a child who is the subject of an adoption order.
(1) Subject to subsection (3), an adoption agency which is—
(a) a local authority must, within such period after the coming into force of this section as the Scottish Ministers may by order direct, prepare an adoption allowances scheme,
(b) a registered adoption service may prepare such a scheme.
(2) An adoption allowances scheme is a scheme for or in connection with the payment by the agency of allowances to any person who has adopted, or intends to adopt, a child in any case where arrangements for the adoption were made or, as the case may be, are to be made by the agency.
(3) The Scottish Ministers may by regulations make provision for or in connection with adoption allowances schemes.
(4) Regulations under subsection (3) may in particular make provision for or in connection with specifying—
(a) the procedure to be followed by an agency in determining whether a person should be paid an allowance,
(b) the circumstances in which an allowance may be paid,
(c) the factors to be taken into account in determining the amount of an allowance,
(d) the procedure for review, variation and termination of allowances,
(e) the information about allowances which is to be supplied by an agency to a person who intends to adopt a child, and
(f) the procedure to be followed by an agency in preparing, modifying or revoking an adoption allowances scheme.
(1) This section applies to any payment (other than an excepted payment) which is made to any person for or in consideration of—
(a) the adoption by that person of a child,
(b) the giving by that person of any consent required in connection with the adoption of a child,
(c) the transfer by that person of the care of a child with a view to the adoption of the child, or
(d) the making by that person of any arrangements for the adoption of a child.
(2) Any person who—
(a) makes any payment to which this section applies,
(b) agrees or offers to make any such payment,
(c) receives, or agrees to receive, any such payment, or
(d) attempts to obtain any such payment,
commits an offence.
(3) A person who commits an offence under subsection (2) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
(4) Where a person is convicted of an offence under subsection (2), the court may, without prejudice to any power which it has to make any other order in relation to the child as respects whom the offence was committed, order the child to be removed to a place of safety until—
(a) the child can be returned to the child’s parent or guardian, or
(b) other arrangements can be made for the child.
(5) In this section—
“payment” includes reward,
“place of safety” has the meaning given by section 93(1) of the 1995 Act.
(1) A payment is an excepted payment if it is made by virtue of, or in accordance with, provision made by virtue of this Act, the 2002 Act or the Northern Ireland Order.
(2) A payment is an excepted payment if—
(a) it is made to an adoption agency by—
(i) a parent or guardian of the child, or
(ii) a person who adopts, or proposes to adopt, a child,
in respect of expenses reasonably incurred by the agency in connection with the adoption, or proposed adoption, of the child,
(b) it is made in respect of any legal or medical expenses incurred or to be incurred by any person in connection with an application which the person has made, or proposes to make, for an adoption order or an order under section 59,
(c) it is authorised by the court to which an application for an adoption order is made,
(d) it is made by an adoption agency to another adoption agency in consideration of placing the child for adoption,
(e) it is made by an adoption agency to a voluntary organisation for the time being approved for the purposes of this paragraph by the Scottish Ministers as a fee for the services of the organisation in putting the agency in touch with another adoption agency with a view to the making of arrangements between the adoption agencies for the adoption of a child.
(3) In this section, “payment” includes reward.
(1) The Scottish Ministers may by regulations make provision for or in connection with disclosure of information about the health of the natural parents of a child who is to be, may be or has been adopted (“the relevant child”).
(2) In making regulations under subsection (1), the Scottish Ministers must secure that a person to whom information is disclosed by virtue of the regulations has a duty of confidentiality in relation to the information.
(3) Notwithstanding subsection (2), regulations under subsection (1) may include provision enabling a person to whom information is disclosed by virtue of the regulations, in such circumstances and to such an extent as may be specified in the regulations, to disclose the information to—
(a) the relevant child,
(b) persons who are to or may adopt, or have adopted, the relevant child.
(4) Regulations under subsection (1) may, in particular, include provision for or in connection with specifying—
(a) the descriptions of person by whom, and to whom, information may be disclosed,
(b) the circumstances in which information may be disclosed,
(c) the type of information which may, or may not, be disclosed,
(d) the circumstances in which consent to disclosure of information need not be obtained,
(e) the processing of information by a person to whom information is disclosed.
(5) In subsection (4)(e), “processing” has the same meaning as in section 1(1) of the Data Protection Act 1998 (c. 28).
(1) Subject to subsection (2), a person other than an adoption agency who—
(a) makes arrangements for the adoption of a child, or
(b) places a child for adoption,
commits an offence.
(2) Subsection (1) does not apply if the person proposing to adopt the child or, as the case may be, the person with whom the child is placed is—
(a) a parent of the child,
(b) any other relative of the child, or
(c) where a parent of the child is a member of a relevant couple, the other member of the couple.
(3) A person who receives a child placed in contravention of subsection (1) knowing that the placement is with a view to the person’s adopting the child commits an offence.
(4) A person who takes part in the management or control of a body of persons—
(a) which exists wholly or partly for the purpose of making arrangements for the adoption of children, and
(b) which is not an adoption agency,
commits an offence.
(5) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
(6) In any proceedings for an offence under subsection (4), proof of—
(a) things done, or
(b) words written, spoken or published,
by any person taking part in the management or control of the body of persons, or in making arrangements for the adoption of children on behalf of the body, is sufficient evidence of the purpose for which that body exists.
(7) It is immaterial whether the actions mentioned in paragraphs (a) and (b) of subsection (6) are carried out in the presence of a party to the proceedings.
(1) Subsection (2) applies where—
(a) an adoption society is—
(i) a registered adoption society, or
(ii) registered as respects Northern Ireland under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431), and
(b) the society is not a registered adoption service.
(2) Except to the extent that the society considers it necessary to do so in the interests of a person mentioned in section 3(1) of that Act or, as the case may be, Article 3 of the Northern Ireland Order, it must not act as an adoption society in Scotland.
(1) An adoption order (within the meaning of section 46(1) of the 2002 Act) has effect in Scotland as it has in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
(2) An order made under section 21 of that Act (placement orders), and the variation or revocation of such an order under section 23 or 24 of that Act, have effect in Scotland as they have in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
(1) If—
(a) a child is placed for adoption under section 19 of the 2002 Act (placing children with parental consent), or
(b) an adoption agency is authorised to place a child for adoption under that section,
sections 25 (parental responsibility) and 28(2) to (4) (further consequences of placement) of that Act have effect in Scotland as they have in England and Wales but with the modifications specified in subsection (2).
(2) Those modifications are—
(a) in section 25, any reference to the parental responsibility for the child is to be read as a reference to the parental responsibilities and parental rights in relation to the child, and
(b) in section 28(2), the reference to the court is to be read as a reference to the appropriate court.
(1) Subsection (2) applies where—
(a) a child is placed for adoption under section 19 of the 2002 Act (placing children with parental consent), or
(b) an adoption agency is authorised to place a child for adoption under that section.
(2) No order under subsection (1) of section 11 of the 1995 Act (court orders relating to parental responsibilities etc.) of a kind mentioned in subsection (2)(c) (residence orders) of that section may be made in respect of the child.
(3) On the making of an order under section 21 of the 2002 Act (a “placement order”) in respect of a child, any order under subsection (1) of section 11 of the 1995 Act of a kind mentioned in subsection (2)(c) to (f) (residence orders, contact orders, specific issue orders and interdicts in relation to parental responsibilities) of that section in respect of the child ceases to have effect.
(4) Where a placement order is in force—
(a) no such order as is mentioned in subsection (3) of this section, and
(b) no order under section 55 of the 1995 Act (child assessment orders),
may be made in respect of the child.
Adoption and Children (Scotland) Act 2007