Section 28 Adoption ordersC2I1C1C3
Scotland
An adoption order is an order made by the appropriate court on an application under section 29 or 30 vesting the parental responsibilities and parental rights in relation to a child in the adopters or adopter.
The court must not make an adoption order unless it considers that it would be better for the child that the order be made than not.
An adoption order may contain such terms and conditions as the court thinks fit.
An adoption order may be made in respect of a person aged 18 or over if the application for the order was made when the person was under 18.
An adoption order may be made in respect of a child who is subject to a permanence order.
An adoption order may be made even if the child to be adopted is already an adopted child.
An adoption order may not be made in respect of a person who is or has been—
married, or
a civil partner.
Annotations
Modifications
- C1
S. 28 applied (with modifications) (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(2)(a)
- C2
Pt. 1 Ch. 2 applied in part (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(1)
- C3
S. 28 applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 4, Sch. 3
Commencement
- I1
S. 28 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)