PART 1 continued CHAPTER 3 continued
(1) Subject to subsection (2), section 40 does not apply—
(a) for the purposes of determining the forbidden degrees of consanguinity and affinity in respect of the law relating to marriage or to the eligibility of persons to register as civil partners of each other, or
(b) in respect of the crime of incest.
(2) On the making of an adoption order, the adopter and the person adopted are deemed, for all time coming, to be within the forbidden degrees in respect of the law relating to marriage, to such eligibility and to incest.
(3) Section 40 does not apply for the purposes of any provision of—
(a) the British Nationality Act 1981 (c. 61),
(b) the Immigration Act 1971 (c. 77),
(c) any instrument having effect under either of those Acts, or
(d) any other law for the time being in force which determines British citizenship, British overseas territories citizenship or British Overseas Citizenship.
Section 40 does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person’s adoption.
(1) Subsections (2) and (3) apply where a child is adopted whose natural parent has effected an insurance with—
(a) a friendly society,
(b) a collecting society, or
(c) an industrial insurance company,
for the payment on the death of the child of money for funeral expenses.
(2) The rights and liabilities under the policy are by virtue of the adoption transferred to the adoptive parents.
(3) For the purposes of the enactments relating to such societies and companies, the adoptive parents are to be treated as the person who took out the policy.
(4) Where the adoption is effected by an order made by virtue of section 30(3), the references in subsections (2) and (3) to the adoptive parents are to be read as references to the adopter and the other member of the relevant couple.
Section 40 does not affect the law relating to adopted persons in respect of—
(a) succession to an intestate or testate estate, and
(b) the disposal of property by virtue of an inter vivos deed.
(1) This section applies where—
(a) a local authority has, by virtue of section 9(1), assessed the needs of a person for adoption support services and decides that the provision of such services is called for in respect of the person, and
(b) the person is a member of a relevant family.
(2) Subject to subsection (4), the authority must prepare an adoption support plan in respect of each member of the relevant family.
(3) An adoption support plan must, in relation to the person it concerns (“the person”)—
(a) specify the needs of the person identified as a result of an assessment carried out by virtue of section 9(1),
(b) record details of the adoption support services the provision of which the authority decides is called for by virtue of section 9(2),
(c) specify any other needs of the person identified by the authority,
(d) set out how the needs mentioned in paragraphs (a) and (c) may be met by the provision of adoption support services,
(e) record details of any previous assessment of needs in respect of the person carried out by virtue of section 9(1),
(f) record details of any assessment of needs in respect of the person made under section 12A(1) of the Social Work (Scotland) Act 1968 (c. 49),
(g) where the person has been adopted, record details of any care plan prepared by a local authority in respect of the person under regulations made under section 17 of the 1995 Act,
(h) record details of any adoption support services which—
(i) were provided to the person before the plan was prepared, or
(ii) are being provided to the person when the plan is prepared,
(i) specify any other matter which, in the opinion of the local authority preparing the plan, is relevant to the provision of adoption support services to the person, and
(j) where there is no information to be included in the plan under any of paragraphs (a) to (i), record that fact.
(4) The authority may, with the consent of each member of the relevant family aged 12 or over, prepare a single adoption support plan in respect of all members of the relevant family instead of preparing adoption support plans in respect of each of them.
(5) Subsection (3) applies to a single adoption support plan prepared under subsection (4) as if—
(a) for the words “the person it concerns (“the person”)” there were substituted “each member of the relevant family it concerns”,
(b) for the words “the person” in paragraphs (a), (c), (e), (f), (h) and (i) there were substituted “each member”,
(c) for the words “the person” in paragraph (g), where they first occur, there were substituted “a member of the relevant family”, and
(d) for the words “the person” in that paragraph, where they second occur, there were substituted “that member”.
(6) If in the opinion of the authority a member of the relevant family aged 12 or over is incapable of giving consent under subsection (4), the requirement to obtain such consent does not apply in relation to the member.
(7) In this section, “relevant family” means—
(a) a child who is placed for adoption,
(b) the person or persons with whom a child is placed for adoption,
(c) a child who has been adopted,
(d) the person who has, or persons who have, adopted that child,
(e) any—
(i) child of a person or persons mentioned in paragraph (b) or (d),
(ii) other child who has been treated by the person or persons as a child of the person or persons,
living in the same household as the person or persons.
(1) An adoption support plan ceases to have effect on the occurrence of whichever of the events in subsection (2) first occurs.
(2) Those events are—
(a) the preparation of a further adoption support plan in respect of the member or, as the case may be, members of the relevant family in relation to whom the adoption support plan was prepared,
(b) the date on which an appropriate child reaches the age of 18.
(3) In this section, “appropriate child” means a child—
(a) who has been placed for adoption, or
(b) who has been adopted,
and who is a member of the relevant family in relation to which, or to any members of which, the adoption support plan was prepared.
(1) This section applies where an adoption support plan is in force in respect of a member of a relevant family or, as the case may be, a relevant family.
(2) Subject to subsection (4), the person to whom the plan relates or, as the case may be, a member of the relevant family to which the plan relates (in either case, the “relevant member”) may, if the relevant member believes the local authority is not complying with any of its obligations mentioned in the plan, require the authority to review the plan.
(3) The authority may, in reviewing the plan, carry out a reassessment of the needs of the relevant member for adoption support services.
(4) A relevant member (other than the person or persons with whom the child has been placed for adoption or the person who has, or persons who have, adopted the child) may not make a requirement under subsection (2) unless, in the opinion of the local authority, the member is capable of understanding the need for adoption support services.
(5) After reviewing the plan, the local authority must vary the plan to reflect any changes in—
(a) the needs of any relevant member for adoption support services identified as a result of a reassessment of needs made under subsection (3),
(b) the adoption support services the local authority will provide.
(6) In this section, any references to a reassessment of needs of a person include, where no assessment has been carried out by virtue of section 9(1)(a) in relation to the person, references to an assessment of needs of the person.
(1) This section applies where an adoption support plan is in force.
(2) The local authority must review the plan—
(a) from time to time, and
(b) at any time when the authority becomes aware of a change in the circumstances of a relevant member.
(3) In reviewing the plan, the authority may make a reassessment of the needs of any relevant member.
(4) After reviewing the plan, the authority must vary the plan to reflect any changes in—
(a) the needs of any relevant member for adoption support services identified as a result of a reassessment of needs made under subsection (3),
(b) the adoption support services the local authority will provide.
(5) In this section—
(a) any references to a reassessment of needs of a person are to be construed in accordance with subsection (6) of section 47,
(b) “relevant member” has the same meaning as in that section.
(1) This section applies where an adoption support plan is in force.
(2) Any relevant member aged 12 or over may require the local authority which prepared the plan to make a reassessment of the member’s needs for adoption support services.
(3) The authority, having regard to the results of that reassessment, must decide whether the needs of the member call for the provision of such services.
(4) Where the authority decides, by virtue of subsection (3), that the provision of adoption support services is called for, the authority must provide the services.
(5) Where the authority provides adoption support services under subsection (4), it must vary the adoption support plan to reflect any changes in the services the authority will provide.
(6) A relevant member (other than the person or persons with whom the child has been placed for adoption or the person who has, or persons who have, adopted the child) may not require a reassessment to be made under subsection (2) unless, in the opinion of the local authority, the member is capable of understanding the need for adoption support services.
(7) Where a local authority is making a reassessment of needs under this section, it must—
(a) do so in such manner as may be prescribed by regulations made by the Scottish Ministers, and
(b) have regard to such matters as may be so prescribed.
(8) In this section—
(a) any references to a reassessment of needs of a person are to be construed in accordance with subsection (6) of section 47,
(b) “relevant member” has the same meaning as in that section.
(1) The Scottish Ministers may give directions of a general or specific nature to a local authority as to the implementation of adoption support plans.
(2) A direction under subsection (1) may not require an authority—
(a) to provide or, as the case may be, continue to provide, or
(b) withhold provision of,
a particular adoption support service.
(3) The Scottish Ministers may vary or revoke any direction under subsection (1).
(1) In preparing or reviewing adoption support plans, a local authority must have regard to any guidance issued by the Scottish Ministers.
(2) The Scottish Ministers may vary or revoke any such guidance.
The Scottish Ministers may by regulations make provision for or in connection with specifying the way in which reviews of adoption support plans are to be carried out.
(1) The Registrar General must continue to maintain—
(a) a register to be called the Adopted Children Register, and
(b) an index of the Adopted Children Register.
(2) No entries may be made in the Adopted Children Register other than entries—
(a) directed to be made in it by adoption orders, or
(b) required to be made under schedule 1.
(3) The provisions of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) with regard to the correction of errors in entries apply in relation to entries in the Adopted Children Register as they apply in relation to entries in any register of births.
(4) Schedule 1 (which makes provision about registration of adoptions and the amendment of adoption orders) has effect.
(1) The terms, conditions and regulations as to payment of fees, form and authentication of documents and otherwise applicable under the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) in respect of—
(a) searches in indexes kept by virtue of that Act by the Registrar General, and
(b) the supply from the General Register Office of extracts of entries in the registers of births, deaths and marriages,
apply in respect of searches in the index of the Adopted Children Register and supplies of extracts of entries in the Adopted Children Register.
(2) Where a person makes a request in accordance with those terms, conditions and regulations (including paying such fee as may be prescribed by those regulations), the Registrar General is, if the General Register Office is open for the purpose, to—
(a) search (or permit the person to search) the index of the Adopted Children Register, and
(b) issue to the person an extract of an entry in the register.
(1) The Registrar General must make traceable the connection between any entry in the register of births which, by virtue of paragraph 2(2) of schedule 1 or any enactment at the time in force, has been marked “Adopted” and any corresponding entry in the Adopted Children Register.
(2) Information kept by the Registrar General for the purposes of subsection (1) is not to be open to public inspection or search.
(3) The Registrar General may disclose any such information only in accordance with subsection (4).
(4) Information is disclosed in accordance with this subsection if disclosed—
(a) under an order of the Court of Session or a sheriff,
(b) to an adopted person who is aged 16 or over and to whom the information relates, or
(c) to a local authority, Board, registered adoption society or relevant adoption society which is providing counselling for any such adopted person.
(5) Where the Registrar General discloses information in accordance with subsection (4)(b), the Registrar must inform the adopted person that counselling services are available for the person—
(a) if the person is in Scotland, from any local authority in Scotland,
(b) if the person is in England and Wales, from any local authority in England and Wales,
(c) if the person is in Northern Ireland, from any Board,
(d) if the person is in the United Kingdom and the person’s adoption was arranged by—
(i) a registered adoption service, from that service,
(ii) a registered adoption society, from that society, or
(iii) a relevant adoption society, from that society.
(6) Where—
(a) in accordance with subsection (4) information is disclosed to an adopted person who is in Scotland, or
(b) such a person applies for information under—
(i) Schedule 2 to the 2002 Act, or
(ii) Article 54 of the Northern Ireland Order,
any body mentioned in subsection (7) from which the adopted person requests counselling must provide counselling for the person.
(7) Those bodies are—
(a) any local authority in Scotland,
(b) any registered adoption service, or
(c) any registered adoption society or relevant adoption society in so far as (by virtue of section 76(2)) that society is acting as an adoption society in Scotland.
(8) In this section—
“Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265),
“local authority”, in relation to England and Wales, means—
any unitary authority, or
any county council so far as it is not a unitary authority,
“relevant adoption society” means an adoption society registered under Article 4 of the Northern Ireland Order.
(1) An extract of an entry in the Adopted Children Register issued by virtue of section 54(2)(b) is sufficient evidence of the adoption to which it relates.
(2) Where an entry in the Adopted Children Register contains a record of—
(a) the date of birth, or
(b) the country of the birth,
of the adopted person, an extract of the entry issued by virtue of that section is sufficient evidence of that date or, as the case may be, country.
(1) In this Chapter, “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland.
(2) Any register, index or record maintained by virtue of section 53 or 55 or schedule 1 may be maintained in any form that the Registrar General considers appropriate.
(3) References (however expressed) to entries in such a register, or to their amendment, cancellation or marking, are to be read accordingly.
(1) This section applies where a person who is habitually resident in the British Islands (the “British resident”)—
(a) brings, or causes another to bring, a child who is habitually resident outwith the British Islands into the United Kingdom for the purpose of adoption by the British resident, or
(b) at any time brings, or causes another to bring, into the United Kingdom a child adopted by the British resident under an external adoption effected within the period of 12 months ending with that time.
(2) In subsection (1), the references to adoption, or a child adopted, by the British resident include a reference to adoption, or a child adopted, by the British resident and another person.
(3) This section does not apply if the child is intended to be adopted under a Convention adoption order.
(4) An external adoption means an adoption, other than a Convention adoption, of a child effected under the law of any country or territory outwith the British Islands, whether or not the adoption is—
(a) an adoption within the meaning of Chapter 3, or
(b) a full adoption (as defined in section 40(8)).
(5) Regulations may require a person intending to bring, or to cause another to bring, a child into the United Kingdom in circumstances where this section applies—
(a) to apply to an adoption agency in the prescribed manner for an assessment of the person’s suitability to adopt the child, and
(b) to give the agency any information it may require for the purpose of the assessment.
(6) Regulations may require prescribed conditions to be met in respect of a child brought into the United Kingdom in circumstances where this section applies.
(7) In relation to a child brought into the United Kingdom for adoption in circumstances where this section applies, regulations may provide for any provision of Chapter 2 to apply with modifications or not to apply.
(8) Regulations may provide for this section not to apply if—
(a) the adopters or, as the case may be, prospective adopters of the child in question are—
(i) natural parents,
(ii) natural relatives, or
(iii) guardians,
of the child (or one of them is), or
(b) the British resident in question is a step-parent of the child,
and any prescribed conditions are met.
(9) On the occasion of the first exercise of the power to make regulations under subsection (8)—
(a) the regulations must not be made unless a draft of the regulations has been approved by a resolution of the Scottish Parliament, and
(b) accordingly section 117(4) does not apply to the statutory instrument containing the regulations.
(10) In this section, “prescribed” means prescribed by regulations and “regulations” means regulations made by the Scottish Ministers.
(1) The appropriate court may, on an application by persons (“the prospective adopters”) who the court is satisfied intend to adopt a child under the law of a country or territory outwith the British Islands, make an order vesting parental responsibilities and parental rights in relation to the child in the prospective adopters.
(2) If the court is satisfied that the prospective adopters would meet the requirements as to domicile, or habitual residence, in Scotland which they would require to meet if an adoption order were to be made on their application, the court may not make an order under this section.
(3) An order under this section may not be made unless any requirements prescribed by regulations by the Scottish Ministers are satisfied.
(4) An application for an order under this section may not be made unless at all times during the period of 10 weeks immediately preceding the application the child’s home was with the prospective adopters.
(5) Section 35 has effect in relation to an order under this section as it has effect in relation to adoption orders.
(6) The Scottish Ministers may by regulations provide for any provision of this Act which relates to adoption orders to apply, with or without modifications, to orders under this section.
(1) A person who takes or sends a protected child out of Great Britain to any place outwith the British Islands with a view to the adoption of the child by any person commits an offence.
(2) A person who makes or takes part in any arrangements for transferring the care of a protected child to another person, knowing that the other person intends to take or send the child out of Great Britain in circumstances which would constitute an offence under subsection (1), commits an offence.
(3) No offence is committed under subsection (1) if the child is taken or sent out of Great Britain under the authority of an order under—
(a) section 59,
(b) section 84 of the 2002 Act, or
(c) Article 57 of the Northern Ireland Order.
(4) A person is deemed to take part in arrangements for transferring the care of a child to another person for the purpose mentioned in subsection (2) if the person—
(a) facilitates the placing of the child in the care of the other person,
(b) initiates or takes part in negotiations the purpose or effect of which is—
(i) the making of such arrangements, or
(ii) the conclusion of an agreement to transfer the care of the child,
for the purpose mentioned in that subsection, or
(c) causes any person to initiate or take part in any such negotiations.
(5) The Scottish Ministers may by regulations provide for subsections (1) to (3) to apply with modifications, or not to apply, if—
(a) the prospective adopters are—
(i) parents,
(ii) relatives, or
(iii) guardians,
of the child (or one of them is), or
(b) the prospective adopter is a step-parent of the child,
and any conditions prescribed by the regulations are met.
(6) On the occasion of the first exercise of the power to make regulations under subsection (5)—
(a) the regulations must not be made unless a draft of the regulations has been approved by a resolution of the Scottish Parliament, and
(b) accordingly section 117(4) does not apply to the statutory instrument containing the regulations.
(7) In any proceedings under this section—
(a) a report by a British consular officer or a deposition made before, and authenticated under the signature of, such an officer is (if proved that the officer or deponent cannot be found in the United Kingdom) sufficient evidence of the matters stated in the report or deposition, and
(b) it is not necessary to prove the signature or official character of the person who bears to have signed the report or deposition.
(8) 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.
(9) In subsections (1) and (2), “protected child” means a child who is—
(a) habitually resident in the United Kingdom, or
(b) a Commonwealth citizen.
(1) If a person brings, or causes another to bring, a child into the United Kingdom at any time in circumstances where section 58 applies, the person commits an offence—
(a) if the person has not complied with any requirement imposed by virtue of subsection (5) of that section, or
(b) if the person has not met any condition which the person is required to meet by virtue of subsection (6) of that section,
before that time, or before any later time which may be prescribed by regulations made by the Scottish Ministers.
(2) A person who commits an offence under subsection (1) 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.
(1) This section applies if the Scottish Ministers have reason to believe that, because of practices taking place in a country or territory outwith the British Islands (the “relevant country”) in connection with the adoption of children, it would be contrary to public policy to further the bringing of children into the United Kingdom in the cases mentioned in subsection (2).