Adoption and Children Act 2002 in Scotland
2002 c. 38 · Enacted 7 November 2002 · Extends to United Kingdom
An Act to restate and amend the law relating to adoption; to make further amendments of the law relating to children; to amend section 93 of the Local Government Act 2000; and for connected purposes.
[7th November 2002]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3
Annotations to the whole text
Modifications
- C1
Act applied (E.W.) (30.12.2005) by The Adoptions with a Foreign Element Regulations 2005 (S.I. 2005/392), regs. 1(1), 52 (with regs. 53-58)
- C2
Act: power to modify conferred (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 55, 68(2); S.I. 2009/2232, art. 2(q)
- C3
Act applied (with modifications) (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), Sch. 1
Contents
- Part 1: Adoption
- Chapter 1: Introductory
- Chapter 2: The Adoption Service
- The Adoption Service
- 2Basic definitions
- 3ZAEngland - joint arrangements etc
- 3AWales – joint arrangements
- 4BAdoption support services: duty to provide information
- 8Adoption support agencies
- Regulations
- Supplemental
- 16Distribution of functions in relation to registered adoption societies Repealed
- 17Inquiries Not yet in force
- Chapter 3: Placement for adoption and adoption orders
- Placement of children by adoption agency for adoption
- 25Parental responsibility
- 28Further consequences of placement
- 29Further consequences of placement orders
- Removal of children who are or may be placed by adoption agencies
- 30General prohibitions on removal
- Removal of children in non-agency cases
- Breach of restrictions on removal
- 41Recovery orders
- Preliminaries to adoption
- The making of adoption orders
- Post-adoption contact
- 51APost-adoption contact
- 51BOrders under section 51A: supplementary
- Placement and adoption: general
- 53Modification of 1989 Act and 2014 Act in relation to adoption
- Disclosure of information in relation to a person’s adoption
- 63Counselling
- 65Sections 56 to 65: interpretation
- Chapter 4: Status of Adopted Children
- 66Meaning of adoption in Chapter 4
- 67Status conferred by adoption
- 68Adoptive relatives
- 69Rules of interpretation for instruments concerning property
- 70Dispositions depending on date of birth
- 71Property devolving with peerages etc.
- 72Protection of trustees and personal representatives
- 73Meaning of disposition
- 74Miscellaneous enactments
- 75Pensions
- 76Insurance
- Chapter 5: The Registers
- 77Adopted Children Register
- 78Searches and copies
- 80Adoption Contact Register
- 82Interpretation
- Chapter 6: Adoptions with a foreign element
- Bringing children into and out of the United Kingdom
- 83Restriction on bringing children in
- 84Giving parental responsibility prior to adoption abroad
- 85Restriction on taking children out
- 86Power to modify sections 83 and 85
- Overseas adoptions
- 87Overseas adoptions
- Miscellaneous
- 88Modification of section 67 for Hague Convention adoptions
- 89Annulment etc. of overseas or Hague Convention adoptions
- 90Section 89: supplementary
- 91Overseas determinations and orders
- Restrictions
- 94Restriction on reports
- 97Sections 92 to 96: interpretation
- Information
- Proceedings
- 99Proceedings for offences
- 100Appeals Repealed
- 101Privacy
- The Children and Family Court Advisory and Support Service
- Evidence
- 104Evidence of consent
- Scotland, Northern Ireland and the Islands
- 105Effect of certain Scottish orders and provisions
- 106Effect of certain Northern Irish orders and provisions
- 107Use of adoption records from other parts of the British Islands
- 108Channel Islands and the Isle of Man
- General
- 110Service of notices etc.
- Part 2: Amendments of the Children Act 1989
- 111Parental responsibility of unmarried father
- 112Acquisition of parental responsibility by step-parent
- 113Section 8 orders: local authority foster parents
- 114Residence orders: extension to age of 18
- 115Special guardianship
- 116Accommodation of children in need etc.
- 117Inquiries by local authorities into representations
- 118Review of cases of looked after children
- 119Advocacy services
- 120Meaning of “harm” in the 1989 Act
- 121Care plans
- 122Interests of children in proceedings
- Part 3: Miscellaneous and final provisions
- Chapter 1: Miscellaneous
- Advertisements in the United Kingdom
- 123Restriction on advertisements etc.
- 124Offence of breaching restriction under section 123
- Adoption and Children Act Register
- 125Adoption and Children Act Register
- 126Use of an organisation to establish the register
- 127Use of an organisation as agency for payments
- 128Supply of information for the register
- 128ASearch and inspection of the register by prospective adopters
- 129Disclosure of information
- 130Territorial application Not yet in force
- 131Supplementary Not yet in force
- Other miscellaneous provisions
- 132Amendment of Adoption (Scotland) Act 1978: contravention of sections 30 to 36 of this Act Repealed
- 133Scottish restriction on bringing children into or out of United Kingdom Not yet in force
- 134Amendment of Adoption (Scotland) Act 1978: overseas adoptions Not yet in force
- 135Adoption and fostering: criminal records
- 136Payment of grants in connection with welfare services
- 137Extension of the Hague Convention to British overseas territories
- 138Proceedings in Great Britain
- Amendments etc.
- 139Amendments, transitional and transitory provisions, savings and repeals
- Chapter 2: Final provisions
- 140Orders, rules and regulations
- 141Rules of procedure
- 142Supplementary and consequential provision
- 143Offences by bodies corporate and unincorporated bodies
- 144General interpretation etc.
- 145Devolution: Wales
- 146Expenses
- 147Glossary
- 148Commencement
- 149Extent
- 150Short title
- 2Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands
- 4Amendment of orders and rectification of Registers and other records
- 5Marking of entries on re-registration of birth on legitimation
- 6Cancellations in registers on legitimation
- 4Paragraph 4
- Schedule 3: Minor and consequential amendments
- 1The Marriage Act 1949 (c. 76)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6The Births and Deaths Registration Act 1953 (c. 20)
- 7Paragraph 7
- 8The Sexual Offences Act 1956 (c. 69) Not yet in force
- 9The Health Services and Public Health Act 1968 (c. 46)
- 10Paragraph 10
- 11Paragraph 11
- 12The Local Authority Social Services Act 1970 (c. 42)
- 13Paragraph 13
- 14Paragraph 14
- 15The Immigration Act 1971 (c. 77)
- 16The Legitimacy Act 1976 (c. 31)
- 17Paragraph 17
- 18Paragraph 18
- 19The Adoption Act 1976 (c. 36)
- 20The National Health Service Act 1977 (c. 49) Repealed
- 21The Adoption (Scotland) Act 1978 (c. 28) Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36The Magistrates’ Courts Act 1980 (c. 43)
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39
- 40Paragraph 40
- 41The Mental Health Act 1983 (c. 20)
- 42The Child Abduction Act 1984 (c. 37)
- 43Paragraph 43
- 44The Matrimonial and Family Proceedings Act 1984 (c. 42) Not yet in force
- 45The Child Abduction and Custody Act 1985 (c. 60)
- 46The Family Law Act 1986 (c. 55)
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50The Family Law Reform Act 1987 (c. 42)
- 51Paragraph 51
- 52Paragraph 52
- 53The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
- 54The Children Act 1989 (c. 41)
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66 Not yet in force
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75 Repealed
- 76The Human Fertilisation and Embryology Act 1990 (c. 37)
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79 Not yet in force
- 80The Courts and Legal Services Act 1990 (c. 41)
- 81The Child Support Act 1991 (c. 48)
- 82The Children (Scotland) Act 1995 (c. 36)
- 83Paragraph 83
- 84Paragraph 84 Repealed
- 85The Family Law Act 1996 (c. 27)
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89The Housing Act 1996 (c. 52) Repealed
- 90Paragraph 90 Repealed
- 91Paragraph 91 Repealed
- 92Paragraph 92 Repealed
- 93The Police Act 1997 (c. 50)
- 94The Protection of Children Act 1999 (c. 14) Not yet in force
- 95The Adoption (Intercountry Aspects) Act 1999 (c. 18)
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100 Not yet in force
- 101Paragraph 101
- 102The Access to Justice Act 1999 (c. 22) Repealed
- 103The Care Standards Act 2000 (c. 14)
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118The Criminal Justice and Court Services Act 2000 (c. 43)
- Schedule 4: Transitional and transitory provisions and savings
- 6Pending applications for freeing orders
- 7Freeing orders
- 8Pending applications for adoption orders
- 9Notification of adoption applications Not yet in force
- 17Status
- 18Paragraph 18
- 19Paragraph 19
- 23The Children (Scotland) Act 1995 (c. 36)
- Schedule 5Repeals
- Schedule 6Glossary