{
  "url": "https://openlegislation.uk/adoptions-with-a-foreign-element-special-restrictions-on-adoptions-from-abroad-scotland-regulations-2008/regulation-6",
  "json_url": "https://openlegislation.uk/adoptions-with-a-foreign-element-special-restrictions-on-adoptions-from-abroad-scotland-regulations-2008/regulation-6.json",
  "legislation": "ssi/2008/303",
  "legislation_title": "The Adoptions with a Foreign Element (Special Restrictions on Adoptions from Abroad) (Scotland) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/adoptions-with-a-foreign-element-special-restrictions-on-adoptions-from-abroad-scotland-regulations-2008",
  "path": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Matters to be taken into account",
  "text": "(1) In determining under regulation 4 whether or not they are satisfied that a case is exceptional, the Scottish Ministers must take the following matters into account (whether or not they also take other matters into account)–\n(a) where the prospective adopters wish to adopt a particular child–\n(i) the circumstances leading to the child becoming available for adoption;\n(ii) whether any competent authority in the State of origin has made a decision in relation to the adoption or availability for adoption of the child;\n(iii) the relationship of the child to the prospective adopters, including how and when it was formed;\n(iv) the child’s particular needs and the capacity of the prospective adopters to meet those needs; and\n(v) the reasons why the State of origin was placed on the restricted list; or\n(b) in any other case, the reasons why the State of origin was placed on the restricted list.\n(2) In this regulation, a “competent authority” means a court or a person who performs functions which correspond to the functions of an adoption agency or to the functions of the Scottish Ministers in respect of intercountry adoption.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "“Restricted list” is defined in section 62(5) of the Adoption and Children (Scotland) Act 2007 as the list of restricted countries."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2008/303/regulation/6",
    "retrieved_at": "2026-10-28T22:05:34.170379+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}