Adoption Act 1976 in Scotland

1976 c. 36 · Enacted 22 July 1976 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2009.

See the changes not yet applied

Provision	Change	Made by
s. 52(1A)	inserted	Adoption and Children Act 2002 Sch. 4 para. 15(a)
s. 52(1)(c)	power to extend conferred	Adoption and Children Act 2002 Sch. 4 para. 16(1)(a)
s. 52(2)	words substituted	Adoption and Children Act 2002 Sch. 4 para. 15(b)
s. 56(4)-(6)	inserted	Adoption and Children Act 2002 Sch. 4 para. 11(b)
s. 47	excluded by 2008 c. 4, s. 67E(12) (as inserted)	Crime and Policing Act 2026 s. 106(1)
s. 47(1)	words substituted	Crime and Policing Act 2026 s. 106(4)
s. 39	applied by 2008 c. 4, s. 67E(12) (as inserted)	Crime and Policing Act 2026 s. 106(1)

The Adoption Service
Adoption societies
Welfare of children
6Duty to promote welfare of child. Repealed
7Religious upbringing of adopted child. Repealed
The making of adoption orders
Supplemental
23Reports where child placed by agency. Repealed
24Restrictions on making adoption orders. Repealed
Restrictions on removal of children
28Restrictions on removal where applicant has provided home for 5 years. Repealed
Protected children
33Duty of local authorities to secure well-being of protected children. Repealed
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
41Adoptive relatives.
42Rules of construction for instruments concerning property.
43Dispositions depending on date of birth.
44Property devolving with peerages etc.
45Protection of trustees and personal representatives.
48Pensions.
49Insurance.
Part V: Registration and Revocation of Adoption Orders andConvention Adoptions
57APermitted allowances. Repealed
63Appeals etc. Repealed
64Proceedings to be in private. Repealed
68Offences by bodies corporate. Repealed
69Services of notices etc. Repealed
71Internal law of a country. Repealed
73Transitional provisions, amendments and repeals. Repealed
2Paragraph 2 Repealed
5Paragraph 5 Repealed
6Paragraph 6 Repealed
1Paragraph 1 Repealed
2Paragraph 2 Repealed
3Paragraph 3 Repealed
4Paragraph 4 Repealed
5Paragraph 5 Repealed
Rights relating to property
6Paragraph 6
7Paragraph 7 Repealed
8Paragraph 8 Repealed
Part
—3Paragraph —3 Repealed
Paragraph Repealed
, 6Paragraph , 6 Repealed
Paragraph Repealed
Paragraph Repealed
Paragraph Repealed
, 13Paragraph , 13 Repealed
Paragraph Repealed
Paragraph Repealed
Paragraph Repealed
Paragraph Repealed
Paragraph Repealed
Paragraph Repealed
Paragraph Repealed
Paragraph Repealed
Part
—44Paragraph —44 Repealed

6Duty to promote welfare of child.F1

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7Religious upbringing of adopted child.F1

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23Reports where child placed by agency.F1

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24Restrictions on making adoption orders.F1

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28Restrictions on removal where applicant has provided home for 5 years.F1 E+W+S

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33Duty of local authorities to secure well-being of protected children.F1

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40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

41Adoptive relatives.

A relationship existing by virtue of section 39 may be referred to as an adoptive relationship, and—

(a)

a male adopter may be referred to as the adoptive father;

(b)

a female adopter may be referred to as the adoptive mother;

(c)

any other relative of any degree under an adoptive relationship may be referred to as an adoptive relative of that degree.

but this section does not prevent the term “parent”, or any other term not qualified by the word “adoptive” being treated as including an adoptive relative.

42Rules of construction for instruments concerning property.

(1)

Subject to any contrary indication, the rules of construction contained in this section apply to any instrument, other than an existing instrument, so far as it contains a disposition of property.

(2)

In applying section 39(1) to a disposition which depends on the date of birth of a child or children of the adoptive parent or parents, the disposition shall be construed as if—

(a)

the adopted child had been born on the date of adoption,

(b)

two or more children adopted on the same date had been born on that date in the order of their actual births.

but this does not affect any reference to the age of a child.

(3)

Examples of phrases in wills on which subsection (2) can operate are—

1. Children of A “living at my death or born afterwards”.
2. Children of A “living at my death or born afterwards before any one of such children for the time being in existence attains a vested interest and who attain the age of 21 years”.
3. As in example 1 or 2, but referring to grandchildren of A instead of children of A.
4. A for life “until he has a child”, and then to his child or children.

Note.Subsection (2) will not affect the reference to the age of 21 years in example 2.

(4)

Section 39(2) does not prejudice any interest vested in possession in the adopted child before the adoption, or any interest expectant (whether immediately or not) upon an interest so vested.

(5)

Where it is necessary to determine for the purposes of a disposition of property effected by an instrument whether a woman can have a child, it shall be presumed that once a woman has attained the age of 55 years she will not adopt a child after execution of the instrument, and, notwithstanding section 39, if she does so that child shall not be treated as her child or as the child of her spouse (if any) for the purposes of the instrument.

(6)

In this section, “instrument” includes a private Act settling property, but not any other enactment.

43Dispositions depending on date of birth.

(1)

Where a disposition depends on the date of birth of a child who was born illegitimate and who is adopted by one of the natural parents as sole adoptive parent, section 42(2) does not affect entitlement under Part II of the M1Family Law Reform Act 1969 (illegitimate children).

(2)

Subsection (1) applies for example where—

(a)

a testator dies in 1976 bequeathing a legacy to his eldest grandchild living at a specified time,

(b)

his daughter has an illegitimate child in 1977 who is the first grandchild,

(c)

his married son has a child in 1978,

(d)

subsequently the illegitimate child is adopted by the mother as sole adoptive parent,

and in all those cases the daughter’s child remains the eldest grandchild of the testator throughout.

44Property devolving with peerages etc.

(1)

An adoption does not affect the descent of any peerage or dignity or title of honour.

(2)

An adoption shall not affect the devolution of any property limited (expressly or not) to devolve (as nearly as the law permits) along with any peerage or dignity or title of honour.

(3)

Subsection (2) applies only if and so far as a contrary intention is not expressed in the instrument, and shall have effect subject to the terms of the instrument.

45Protection of trustees and personal representatives.

(1)

A trustee or personal representative is not under a duty, by virtue of the law relating to trusts or the administration of estates, to enquire, before conveying or distributing any property, whether any adoption has been effected or revoked if that fact could affect entitlement to the property.

(2)

A trustee or personal representative shall not be liable to any person by reason of a conveyance or distribution of the property made without regard to any such fact if he has not received notice of the fact before the conveyance or distribution.

(3)

This section does not prejudice the right of a person to follow the property, or any property representing it, into the hands of another person, other than a purchaser, who has received it.

48Pensions.

Section 39(2) does not affect entitlement to a pension which is payable to or for the benefit of a child and is in payment at the time of his adoption.

49Insurance.

Where a child is adopted whose natural parent has effected an insurance with a friendly society or a collecting society or an industrial company for the payment on the death of the child of money for funeral expenses, the rights and liabilities under the policy shall by virtue of the adoption be transferred to the adoptive parents who shall for the purposes of the enactments relating to such societies and companies be treated as the person who took out the policy.

57APermitted allowances.F1

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63Appeals etc.F1

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64Proceedings to be in private.F1

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68Offences by bodies corporate.F1

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69Services of notices etc.F1

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71Internal law of a country.F1

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73Transitional provisions, amendments and repeals.F1

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3F1

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5F1

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6

(1)

Section 39—

(a)

does not apply to an existing instrument or enactment in so far as it contains a disposition of property, and

(b)

does not apply to any public general Act in its application to any disposition of property in an existing instrument or enactment.

(2)

Sections 16 and 17 of the Adoption Act 1958, and provisions containing references to those sections shall continue to apply in relation to dispositions of property effected by existing instruments notwithstanding the repeal of those sections, and such provisions, by the M1Children Act 1975.

(3)

Section 46 shall apply in relation to this paragraph as if it were contained in Part IV.

Adoption Act 1976 in Scotland

Contents

28Restrictions on removal where applicant has provided home for 5 years.F1 E+W+S