The Adoption Agencies (Scotland) Regulations 2009

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART II ADOPTION PANELS

    1. 3.Appointment and composition of adoption panels

    2. 4.Meetings of the adoption panel and joint adoption panel

    3. 5.Appointment of medical and legal advisers

    4. 6.Functions of the adoption panel

  4. PART III ASSESSMENT OF PROSPECTIVE ADOPTERS

    1. 7.Duties of adoption agencies: assessment of prospective adopters

    2. 8.Approval of prospective adopters

    3. 9.Review of adoption agency decisions

    4. 10.Review without request

    5. 11.Adoption agency decision on review

  5. PART IV DUTIES OF ADOPTION AGENCIES WHEN CONSIDERING ADOPTION FOR A CHILD

    1. 12.Duties of adoption agencies when considering adoption for a child

    2. 13.Adoption agency decisions

    3. 14.Notification of adoption agency decisions

    4. 15.Decision that adoption should not proceed or to make an application under section 80 of the Act

    5. 16.Provision of information to parents: decision by adoption agency to make arrangements for adoption

    6. 17.Provision of information to parents: decision of adoption agency that an application under section 80 of the Act should be made

    7. 18.Duties of adoption agencies: placing the child for adoption

  6. PART V CONSENT CERTIFICATES

    1. 19.Consent to placement of the child for adoption for the purposes of section 20 of the Act

    2. 20.Consent certificate: no consent or failure to return consent certificate

  7. PART VI APPLICATION FOR PERMANENCE ORDER

    1. 21.Application for a permanence order: child not subject to supervision requirement

    2. 22.Child subject to supervision requirement: referral to the Principal Reporter

    3. 23.Application for a permanence order: child subject to supervision requirement

  8. PART VII PLACEMENT FOR ADOPTION

    1. 24.Placement for adoption: notification and provision of information

    2. 25.Duties of adoption agency following placement for adoption

    3. 26.Review of child’s case where no placement made within 6 months of permanence order granting authority to adopt being made

  9. PART VIII CASE RECORDS

    1. 27.Information to be kept about adoptions

    2. 28.Form and manner in which information is kept

  10. Signature

    1. SCHEDULE 1

      1. PART I INFORMATION ABOUT PROSPECTIVE ADOPTERS

        1. 1.Name, date and place of birth.

        2. 2.Address.

        3. 3.Nationality and ethnicity.

        4. 4.Whether the prospective adopter has their home in Great Britain...

        5. 5.Whether the prospective adopter is domiciled or habitually resident in...

        6. 6.Whether the prospective adopter intends to apply for an order...

        7. 7.Where there are 2 prospective adopters– (a) the date and...

        8. 8.Where there is only 1 prospective adopter–

        9. 9.Details of other members of the prospective adopter’s household including...

        10. 10.Details of the prospective adopter’s parents and any of the...

        11. 11.The attitudes to adoption of such other members of the...

        12. 12.The prospective adopter’s personality.

        13. 13.Details of the prospective adopter’s previous experience of caring for...

        14. 14.Whether the prospective adopter or any other member of their...

        15. 15.An assessment of the prospective adopter’s ability to raise an...

        16. 16.Religious persuasion including the degree of religious observance.

        17. 17.The ability of the prospective adopter to have regard to...

        18. 18.Educational background.

        19. 19.Past and present occupations and interests.

        20. 20.Details of the prospective adopter’s financial circumstances and comments on...

        21. 21.Opinion of the adoption agency as to whether any adoption...

        22. 22.The reasons given by the prospective adopter for wishing to...

        23. 23.Names and addresses of at least 2 referees (who are...

        24. 24.Name and address of the prospective adopter’s registered medical practitioner....

        25. 25.A comprehensive medical report on the prospective adopter prepared and...

        26. 26.Any other relevant information which the adoption agency considers may...

      2. PART II INFORMATION ABOUT THE CHILD

        1. 1.Name, sex, date and place of birth and address.

        2. 2.Nationality and ethnicity.

        3. 3.Physical description.

        4. 4.Religious persuasion of the child including details of any baptism,...

        5. 5.Personality, social, emotional and behavioural development.

        6. 6.Any linguistic and cultural needs.

        7. 7.Names and addresses of schools attended and educational attainments.

        8. 8.Whether the child’s father was married to the child’s mother...

        9. 9.Details of any court orders relating to the child, including...

        10. 10.Details of any current or previous supervision requirements relating to...

        11. 11.Details of any siblings including their dates of birth, addresses,...

        12. 12.The extent of any contact with any member of the...

        13. 13.Where the child has been looked after by a local...

        14. 14.Any particular requirements in relation to the physical or mental...

        15. 15.The child’s views in relation to adoption and whether an...

        16. 16.Whether the child has any right to or interest in...

        17. 17.Whether an insurance policy for the payment on the death...

        18. 18.A comprehensive medical report prepared and signed by a registered...

        19. 19.Any other relevant information which the adoption agency considers may...

      3. PART III INFORMATION ABOUT THE CHILD'S FAMILY

        1. 1.Name, date, place of birth and address of each parent...

        2. 2.The marital status and date and place of marriage or...

        3. 3.The nationality and ethnicity of the child’s parents and guardian....

        4. 4.The current and past relationship between the child’s parents including...

        5. 5.The names, addresses, ages and brief details of the personal...

        6. 6.Physical description of the child’s parents and guardian.

        7. 7.Details of the personality of the child’s parents and guardian....

        8. 8.Religious persuasion of the child’s parents, guardian and other relatives...

        9. 9.The educational background of the child’s parents and guardian.

        10. 10.The past and present occupations of the child’s parents and...

        11. 11.Whether the child’s mother, if she has parental responsibilities and...

        12. 12.Whether the child’s father, if he has parental responsibilities and...

        13. 13.Whether there is any history of genetically transmissible or other...

        14. 14.A comprehensive medical report prepared and signed by a registered...

        15. 15.Any other relevant information about the child’s parents and guardian...

    2. SCHEDULE 2

      MEMORANDUM

      1. ADOPTION OF CHILDREN

        1. 1.If the court makes an adoption order, your responsibilities and...

        2. 2.If you wish your child to be brought up in...

        3. 3.The adoption agency needs to know whether each of the...

        4. 4.If you sign the form of agreement to the agency’s...

        5. 5.Once your child is placed with adopters, they then have...

        6. 6.After the adoption application is made to the court, you...

        7. 7.The court cannot make an adoption order without your agreement...

        8. 8.You are not allowed to receive any money for giving...

        9. 9.When an adoption order is made, the Registrar General for...

    3. SCHEDULE 3

    4. SCHEDULE 4

    5. SCHEDULE 5

      MEMORANDUM

      1. APPLICATION FOR PERMANENCE ORDER WITH AUTHORITY FOR A CHILD TO BE ADOPTED

        1. 1.If the court makes an order called a “permanence order”...

        2. 2.If you wish your child to be brought up in...

        3. 3.The adoption agency needs to know whether each of the...

        4. 4.The local authority has to apply to a court for...

        5. 5.After the application is made to the court, you will...

        6. 6.The court cannot make the permanence order granting authority for...

        7. 7.You are not allowed to receive any money for giving...

        8. 8.Right to apply for a variation of the permanence order

        9. 9.An application to have the permanence order revoked may also...

        10. 10.Birth records

    6. SCHEDULE 6

    7. SCHEDULE 7

    8. SCHEDULE 8

  12. Explanatory Note