Adoption and Children (Scotland) Act 2007
Part 1Adoption
Chapter 1The 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
5Guidance
6Assistance in carrying out functions under sections 1 and 4
7Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001
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 2The 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 supervision requirement
Adoption records
37Information to be kept about adoptions
38Disclosure of information kept under relevant enactment
Chapter 3Status of adopted children
39Meaning of “adoption” in Chapter 3
40Status conferred by adoption
41Miscellaneous enactments
42Pensions
43Insurance
44Succession and inter vivos deeds
Chapter 4Adoption 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 5Registration
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 6Adoptions 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 7Miscellaneous
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 2Permanence 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 supervision requirement
Precedence
90Precedence of court orders and supervision requirements over order
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 supervision requirement
97Interim orders and revocation of supervision requirement
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 3Miscellaneous
Provisions applicable to adoption orders and permanence orders
105Notification of proposed application for order
106Child subject to supervision requirement: 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: regulations
110Allowances for care of certain children: regulations
Evidence and notices
111Evidence of consent
112Service of notices etc.
113Admissibility of certain documents as evidence
Part 4General
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 1Registration of adoptions
1Registration of adoption orders
2(1) Sub-paragraph (2) applies where— (a) on an application to...
3Where an adoption order is made in respect of a...
4(1) Where an adoption order is made, the clerk of...
5Registration of adoptions in other parts of the British Islands
6Registration of other adoptions
7Amendment of orders and rectification of registers
8Marking of entries on re-registration of birth
SCHEDULE 2Minor and consequential amendments
1Succession (Scotland) Act 1964 (c. 41)
2Social Work (Scotland) Act 1968 (c. 49)
3Foster Children (Scotland) Act 1984 (c. 56)
4Child Abduction and Custody Act 1985 (c. 60)
5Family Law Act 1986 (c. 55)
6Human Fertilisation and Embryology Act 1990 (c. 37)
7Child Support Act 1991 (c. 48)
8Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)
9Children (Scotland) Act 1995 (c. 36)
10Adoption (Intercountry Aspects) Act 1999 (c. 18)
11Regulation of Care (Scotland) Act 2001 (asp 8)
12Adoption and Children Act 2002 (c. 38)
13Income Tax (Trading and Other Income) Act 2005 (c. 5)
14Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)
SCHEDULE 3Repeals

Adoption and Children (Scotland) Act 2007

2007 asp 4

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.