# The Adoptions with a Foreign Element (Scotland) Regulations 2009, Regulation 34: Convention adoption order


An adoption order may not be made as a Convention adoption order unless–
(a) in the case of–
(i) an application for the order by a relevant couple, both members of the couple have been habitually resident in any part of the British Islands for a period of not less than one year ending with the date of the application; or
(ii) an application for the order by one person, the applicant has been habitually resident in any part of the British Islands for a period of not less than one year ending with the date of the application;
(b) the child to be adopted was, on the date on which the agreement under Article 17(c) of the Convention was made, habitually resident in a Convention country outwith the British Islands;
(c) copies of the Article 16 Information and the agreement under Article 17(c) of the Convention are made available to the court; and
(d) in a case where one member of a relevant couple (in the case of an application by a relevant couple) or the applicant (in the case of an application by one person) is not a British citizen, the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom.

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Source: https://www.legislation.gov.uk/ssi/2009/182/regulation/34 (the official version)
Page: https://openlegislation.uk/adoptions-with-a-foreign-element-scotland-regulations-2009/regulation-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.