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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Reports by local authority or adoption agencyS

67.21.—(1) A report by a local authority under section 22(2), or by an adoption agency under section 23, of the Act of 1978 shall include the following matters:–

(a)information about how the needs of the child came to the notice of the local authority or the adoption agency;

(b)the family circumstances of the child;

(c)where the child was placed for adoption by an adoption agency, a description of the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;

(d)where the child is not subject to a freeing for adoption order, an account of the discussion with the parents or guardians of the child about their wishes and the alternatives to adoption;

(e)where appropriate, an account of the discussion with the child about his wishes and, if the child is of or over the age of 12 years, his capability to decide to consent to the making of the adoption order;

(f)the position of other relatives or persons likely to be involved;

(g)an account of the search for a parent or guardian who cannot be found;

(h)information about the mutual suitability of the petitioner and the child for the relationship created by adoptiofi n and the ability of the petitioner to bring up the child including an assessment of the personality of the petitioner and, where appropriate, that of the child;

(i)particulars of all members of the household of the petitioner and their relationship to the petitioner;

(j)a description of the accommodation in the home of the petitioner;

(k)where a sole petitioner is married, why the other spouse has not joined in the petition;

(l)whether the petitioner understands the nature and effect of an adoption order and in particular that the order, if made, will make the petitioner responsible for the maintenance and upbringing of the child;

(m)whether the means and standing of the petitioner are such as to enable him to maintain and bring up the child suitably;

(n)what right or interest in property the child has;

(o)whether any payment or reward prohibited by section 51 of the Act of 1978 (prohibition on certain payments), other than an approved adoption allowance, has been received or agreed upon;

(p)whether the life of the child has been insured and for what sum;

(q)the religious persuasion, if any, of the petitioner;

(r)considerations arising from the difference in age between the petitioner and the child if this is more or less than the normal difference in age between parents and children;

(s)whether adoption is likely to safeguard and promote the welfare of the child throughout its childhood; and

(t)any other information which may be of assistance to the court.

(2) On completion of the report referred to in paragraph (1), the local authority or the adoption agency, as the case may be, shall send the report, and a copy of it for each party, to the Deputy Principal Clerk.

(3) On receipt of the report referred to in paragraph (2), the Deputy Principal Clerk shall–

(a)where the petition has been presented, cause the report to be lodged in process; and

(b)where the petition has not yet been presented, cause the report to be retained in the Petition Department for lodging in process when the petition is presented.

Commencement Information

I1Sch. 2 rule 67.21 in force at 5.9.1994, see para. 1(1)

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