Explanatory note

These Regulations specify the requirements that must be met before a foreign adoption can be registered in the Adopted Children Register (“ACR”). The ACR is maintained by the Registrar General for Scotland under section 45 of the Adoption (Scotland) Act 1978 (“the 1978 Act”).

These Regulations are made under paragraph 3 of Schedule 1 to the 1978 Act. That paragraph was substituted by section 12 of the Adoption (Intercountry Aspects) Act 1999 (“the 1999 Act”).

The 1999 Act gives effect to the 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. The 1999 Act also makes provision for other registrable foreign adoptions, known as overseas adoptions.

Regulation 2 adopts the relevant definitions used in the 1978 and 1999 Acts.

Regulation 3 provides for the form of entry in the ACR, which is prescribed in the Schedule to these Regulations.

Regulation 4 provides for the manner of an application for an entry in the ACR.

Regulation 5 specifies those persons who may apply for an entry to be made.

Regulation 6 specifies the particulars that a person making an application for registration must provide.

Regulation 7 specifies the documents that must be provided by a person making an application in respect of a registrable foreign adoption.