Adoption and Children (Scotland) Act 2007
2007 asp 4 · Enacted 15 January 2007 · Extends to Scotland
An Act of the Scottish Parliament to restate and amend the law relating to adoption; to make other provision in relation to the care of children; to enable provision to be made in relation to allowances in respect of certain children; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th December 2006 and received Royal Assent on 15th January 2007C1C2C3
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 53-61
- 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), reg. 1(1), Sch. 2
Contents
- Part 1: Adoption
- Chapter 1: The adoption service
- The adoption service
- 1Duty of local authority to provide adoption service
- 2Carrying out of duties imposed by section 1
- 3Adoption service: regulations
- 4Local authority plans Repealed
- 5Guidance
- 6Assistance in carrying out functions under section 1
- 7Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001 Repealed
- 8Adoption agencies: regulations about carrying out of functions
- Adoption support services
- 9Assessment of needs for adoption support services
- 10Provision of services
- 11Urgent provision
- 12Power to provide payment to person entitled to adoption support service
- Regulations
- 13Regulations
- Chapter 1A: Scotland's Adoption Register
- 13AScotland's Adoption Register
- 13BRegistration organisation
- 13CSupply of information for the Register
- 13DDisclosure of information
- 13EFees and other payments
- 13FUse of an organisation as agency for payments
- 13GSupplementary
- Chapter 2: The adoption process
- Preliminary
- 14Considerations applying to the exercise of powers
- Pre-adoption requirements
- 15Child to live with adopters before adoption order made
- 16Home visits
- 17Reports where child placed by agency
- 18Notification to local authority of adoption application
- 19Notice under section 18: local authority's duties
- Restrictions on removal of children placed for adoption
- 20Restrictions on removal: child placed for adoption with consent
- 21Restrictions on removal: notice of intention to adopt given
- 22Restrictions on removal: application for adoption order pending
- 23Restrictions on removal of child looked after by local authority
- Return of children
- 24Return of child removed in breach of certain provisions
- 25Return of child placed for adoption by adoption agency
- Adoption not proceeding: arrangements
- 26Looked after children: adoption not proceeding
- Contravention of sections 30 to 36 of 2002 Act
- 27Contravention of sections 30 to 36 of 2002 Act
- The making of adoption orders
- 28Adoption orders
- 29Adoption by certain couples
- 30Adoption by one person
- 31Parental etc. consent
- 32Consent of child aged 12 or over
- 33Restrictions on making orders
- 34Contravention of section 72 no bar to making order
- Effect of order on existing rights etc.
- 35Effect of order on existing rights etc.
- Revocation of supervision requirement
- 36Revocation of compulsory supervision order on making of adoption order
- Adoption records
- 37Information to be kept about adoptions
- 38Disclosure of information kept under relevant enactment
- Chapter 3: Status of adopted children
- 39Meaning of “adoption” in Chapter 3
- 40Status conferred by adoption
- 41Miscellaneous enactments
- 42Pensions
- 43Insurance
- 44Succession and inter vivos deeds
- Chapter 4: Adoption support plans
- Adoption support plans
- 45Adoption support plans
- 46Duration
- 47Family member's right to require review of plan
- 48Other cases where authority under duty to review plan
- Reassessment
- 49Reassessment of needs for adoption support services
- Directions
- 50Implementation of plans: directions
- Guidance
- 51Guidance
- Regulations
- 52Regulations about reviews of adoption support plans
- Chapter 5: Registration
- 53Adopted Children Register and index
- 54Searches and extracts
- 55Connections between the register and birth records
- 56Admissibility of extracts as evidence
- 57Interpretation of Chapter 5
- Chapter 6: Adoptions with a foreign element
- Restrictions on movement of children
- 58Restriction on bringing children into the United Kingdom
- 59Preliminary order where child to be adopted abroad
- 60Restriction on removal of children for adoption outwith Great Britain
- 61Regulations under section 58: offences
- Adoptions from abroad: special restrictions
- 62Declaration of special restrictions on adoptions from abroad
- 63Review
- 64The special restrictions
- 65Imposition of extra conditions in certain cases
- Charging
- 66Power to charge
- Overseas adoptions etc.
- 67Meaning of “overseas adoption”
- 68Annulment and recognition
- 69Section 68: supplementary provision
- 70Effect of determinations and orders made outwith Scotland
- Chapter 7: Miscellaneous
- Adoption allowances
- 71Adoption allowances schemes
- Prohibited payments
- 72Prohibition of certain payments
- 73Excepted payments
- Disclosure of medical information about parents
- 74Disclosure of medical information about parents
- Restrictions on arranging adoptions and placing for adoption
- 75Restriction on arranging adoptions and placing children
- 76Adoption societies which are not registered adoption services
- Effect of orders, and placing for adoption, under 2002 Act
- 77Effect of certain orders made in England and Wales
- 78Effect of placing for adoption etc. under 2002 Act
- 79Further consequences of placement and placement orders
- Part 2: Permanence orders
- The making of permanence orders
- 80Permanence orders
- 81Permanence orders: mandatory provision
- 82Permanence orders: ancillary provisions
- 83Order granting authority for adoption: conditions
- 84Conditions and considerations applicable to making of order
- 85Child in respect of whom order may be made
- 86Representations
- Effect of order
- 87Effect of order on existing parental right
- 88Effect of order on existing orders
- Revocation of supervision requirement
- 89Revocation of compulsory supervision order on making of permanence order
- Precedence
- 90Precedence of certain other orders
- Exercise of parental right under order
- 91Exercise of parental right under order
- Variation
- 92Variation of ancillary provisions in order
- 93Amendment of order to grant authority for child to be adopted
- 94Proceedings
- Orders and supervision requirements
- 95Duty of children's hearing to prepare report for court
- 96Application: effect on compulsory supervision order
- 97Interim orders and revocation of compulsory supervision order
- Revocation and variation
- 98Revocation
- 99Duty of local authority to apply for variation or revocation
- 100Revocation: order under section 11 of 1995 Act
- Notification requirements
- 101Local authority to give notice of certain matters
- Effect of subsequent adoption order on permanence order
- 102Effect of subsequent adoption order on permanence order
- Restriction on making certain orders under 1995 Act
- 103Restriction on making of orders under section 11 of 1995 Act
- Rules of procedure
- 104Permanence orders: rules of procedure
- Part 3: Miscellaneous
- Provisions applicable to adoption orders and permanence orders
- 105Notification of proposed application for order
- 106Child subject to compulsory supervision order: duty to refer to Principal Reporter
- 107Making of adoption order no longer to be bar to making of contact order
- 108Rules: appointment of curators ad litem and reporting officers
- 109Proceedings to be in private
- Care allowances and other payments: regulations
- 110Allowances and other payments for care of certain children: regulations
- Evidence and notices
- 111Evidence of consent
- 112Service of notices etc.
- 113Admissibility of certain documents as evidence
- Part 4: General
- 114Rules of procedure
- 115Offences by bodies corporate and partnerships
- 116Ancillary provision
- 117Orders and regulations
- 118Meaning of “appropriate court”
- 119Interpretation
- 120Minor and consequential amendments and repeals
- 121Short title and commencement
- Schedule 1: Registration of adoptions
- Registration of adoption orders
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Registration of adoptions in other parts of the British Islands
- 5Paragraph 5
- Registration of other adoptions
- 6Paragraph 6
- Amendment of orders and rectification of registers
- 7Paragraph 7
- Marking of entries on re-registration of birth
- 8Paragraph 8
- Schedule 2: Minor and consequential amendments
- Succession (Scotland) Act 1964 (c. 41)
- 1Paragraph 1
- Social Work (Scotland) Act 1968 (c. 49)
- 2Paragraph 2
- Foster Children (Scotland) Act 1984 (c. 56)
- 3Paragraph 3
- Child Abduction and Custody Act 1985 (c. 60)
- 4Paragraph 4
- Family Law Act 1986 (c. 55)
- 5Paragraph 5
- Human Fertilisation and Embryology Act 1990 (c. 37)
- 6Paragraph 6
- Child Support Act 1991 (c. 48)
- 7Paragraph 7
- Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)
- 8Paragraph 8
- Children (Scotland) Act 1995 (c. 36)
- 9Paragraph 9
- Adoption (Intercountry Aspects) Act 1999 (c. 18)
- 10Paragraph 10
- Regulation of Care (Scotland) Act 2001 (asp 8)
- 11Paragraph 11
- Adoption and Children Act 2002 (c. 38)
- 12Paragraph 12
- Income Tax (Trading and Other Income) Act 2005 (c. 5)
- 13Paragraph 13
- Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)
- 14Paragraph 14
- Schedule 3Repeals