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

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Applications for freeing for adoption orderS

67.9.—(1) An application under section 18(1) of the Act of 1978 (freeing child for adoption) shall be made by petition.

(2) The petition shall include averments in relation to, or refer to a report or other documents produced which deal with–

(a)whether the petition is presented with the consent of a parent or guardian;

(b)whether the petitioner is applying for dispensation with the agreement of a parent or guardian under section 18(2)(b) of the Act of 1978 (agreement to freeing for adoption) and the ground on which dispensation is sought;

(c)how the needs of the child came to the notice of the petitioner;

(d)any relevant family circumstances of the child;

(e)a description of the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;

(f)the discussion by the petitioner with the parents or guardians of the child and, if appropriate, with the child about their wishes and the alternatives to adoption;

(g)the knowledge of the petitioner of the position of other relatives or persons likely to be involved;

(h)the search by the petitioner for any parent or guardian who cannot be found;

(i)the likelihood of placement of the child for adoption and whether a petition for an adoption order is likely in the near future;

(j)the arrangements of the petitioner for the care of the child in the event of the granting of the prayer of the petition;

(k)whether the petitioner has given each parent or guardian who can be found an opportunity to make a declaration for the purposes of section 18(6) of the Act of 1978(1) (declaration of preference not to be involved in future questions concerning the adoption);

(l)the enquiries by the petitioner into the circumstances of any reputed father; and

(m)whether the petitioner intends to give notice to a former parent or guardian under section 19(2) and (3) of that Act (progress reports).

(3) On presentation of the petition, there shall be lodged in process as a production–

(a)an extract or a certified copy of any entry in the register of births relating to the child; and

(b)any consent of a parent or guardian required by section 18(2)(a) of the Act of 1978 (consent to freeing for adoption).

Commencement Information

I1Sch. 2 rule 67.9 in force at 5.9.1994, see para. 1(1)

(1)

Section 18(6) of the Act of 1978 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraph 40.

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