Adoption (Scotland) Act 1978 (Version in vigour from 2018-12-21 to )

Consolidated Text

As Enacted

Cited authorities 98

Cited in

Currency	No known outstanding effects
Coming into Force	21 December 2018

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Contenidos

Adoption (Scotland) Act 1978
Part I: The Adoption Service

The Adoption Service

1: Establishment of Adoption Service.
2: Local authorities’ social work.

Adoption societies

3: Approval of adoption societies.
4: Withdrawal of approval.
5: Procedure on refusal to approve, or withdrawal of approval from, adoption societies.

Welfare of children

6: Duty to promote welfare of child.
6A: Duty to consider alternatives to adoption.
7: Religious upbringing of adopted child.

Supplemental

8: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9: Regulation of adoption agencies.
10: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11: Restriction on arranging adoptions and placing of children.

Part II: Adoption Orders

The making of adoption orders

12: Adoption orders.
13: Child to live with adopters before order made.
14: Adoption by married couple.
15: Adoption by one person.
16: Parental agreement.
17: Convention adoption orders.

Freeing for adoption

18: Freeing child for adoption.
19: Progress reports to former parent.
20: Revocation of s. 18 order.
21: Variation of section 18 order so as to substitute one adoption agency for another.

Supplemental

22: Notification to local authority of adoption application.
22A: Children subject to supervision requirements.
23: Reports where child placed by agency.
24: Restrictions on making adoption orders.
25: Interim orders.
25A: Timetable for resolving question as to whether agreement to adoption order etc. should be dispensed with.
26: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III: Care and Protection of Children Awaiting Adoption

Restrictions on removal of children

27: Restrictions on removal where adoption agreed or application made under s. 18.
28: Restrictions on removal where applicant has provided home for 5 years.
29: Return of child taken away in breach of s. 27 or 28.
29A: Contravention of sections 30 to 36 of Adoption and Children Act 2002
30: Return of children placed for adoption by adoption agencies.
31: Application of s. 30 where child not placed for adoption.

Protected children

32: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV: Status of Adopted Children

38: Meaning of “adoption order”: in Part IV.

39: Status conferred by adoption.

40: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41: Miscellaneous enactments.

42: Pensions.
43: Insurance.
44: Effect of s. 39 on succession and inter vivos deed.: Section 39 (status conferred by adoption) does not affect the existing law relating to adopted persons in respect of—

Part V: Registration and Revocation of Adoption Orders and Convention Adoptions

45: Adopted Children Register.
46: Revocation of adoptions on legitimation.
47: Annulment etc. of overseas adoptions.
48: Provisions supplementary to ss. 46(2) and 47.

Part VI: Miscellaneous and Supplemental

49: Adoption of children abroad.
50: Restriction on removal of children for adoption outside Great Britain.
50A: Restriction on bringing children into the United Kingdom for adoption
51: Prohibition on certain payments.
51A: Adoption allowances schemes.
51B: Transitional provisions as respects adoption allowances.
52: Restriction on advertisements.
53: Effect of determination and orders made in England and Wales and overseas in adoption proceedings.
53A: Effect of certain orders made in England and Wales
53B: Effect of placing for adoption etc. under Adoption and Children Act 2002
53C: Further consequences of placement and placement orders
54: Evidence of adoption in England, Wales and Northern Ireland.
55: Evidence of agreement and consent.
56: Courts.
57: Proceedings to be in private.
58: Curators ad litem and reporting officers.
59: Rules of procedure.
60: Orders, rules and regulations.
61: Offences by bodies corporate.
62: Service of notices etc.
63: Nationality.
64: Internal law of a country.
65: Interpretation.
66: Transitional provisions, amendments and repeals.
67: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Section 45.
Registration of Adoptions

Registration of adoption orders
Registration of adoptions in England, Northern Ireland, the Isle of Man and the Channel Islands
Registration of foreign adoptions
Amendment of orders and rectification of registers
Marking of entries on re-registration of birth
Cancellations in registers on legitimation

SCHEDULE 2 Section 66.
Transitional Provisions and Savings

General
Existing adoption orders
Payments relating to adoptions
Registers of adoptions
Commencement of Act

SCHEDULE 3 Section 66.
Consequential Amendments

Children Act 1958 (c. 65)
Legitimation (Scotland Act 1968 (c. 22)
Social Work (Scotland) Act 1968 (c. 49)
Children Act 1975 (c. 72)

SCHEDULE 4 Section 66.
REPEALS

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Adoption (Scotland) Act 1978 (Version in vigour from 2018-12-21 to )

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