ACT OF SEDERUNT TO REGULATE PROCEEDINGS UNDER THE ADOPTION OF CHILDREN (Scotland) ACT, 1930 (20 & 21 GEO. 5. C. 37), IN THE COURT OF SESSION OR IN ANY SHERIFF COURT.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1930/891 |
1930 No. 891 (S. 45)
CHILDREN AND YOUNG PERSONS
Scotland
ACT OF SEDERUNT TO REGULATE PROCEEDINGS UNDER THE ADOPTION OF CHILDREN (SCOTLAND) ACT, 1930 (20 & 21 GEO. 5. C. 37), IN THE COURT OF SESSION OR IN ANY SHERIFF COURT.Edinburgh, 30th October, 1930.
The Lords of Council and Session, considering that it is necessary to regulate proceedings in applications under the Adoption of Children (Scotland) Act, 1930 (20 & 21 Geo. V., chapter 37), and in pursuance of the powers therein contained, enact and declare as follows, viz.:—
1. All applications for an Adoption Order shall be by Petition at the instance of the proposed adopter, and shall be in accordance with the form appended hereto with such variations as the circumstances may require:—
(a) If the application is made to the Court of Session, the Petition shall be presented to the Inner House in either Division thereof, and need not be printed and shall not be boxed, or intimated on the Walls.
(b) All consents required under Sub-sections (3) and (4) of Section 2 of the Act, shall be in writing, and shall be in accordance with the form appended hereto, and shall be signed by the consenter, whose signature shall be attested by two witnesses.
(c) All such consents and all certificates, extracts (including an extract of the entry, if any, in the Register of Births, relating to the birth of the child), and other documents founded on by the petitioner for the purpose of vouching the particulars stated in the Petition shall be lodged in process along with the Petition itself.
2. On presentation of the Petition, or as soon as may be thereafter, the Court shall appoint a curator ad litem to the child in terms of Sub-section (3) of Section 8 of the Act, whose duty shall be to investigate as fully as possible and to report to the Court on all the circumstances of the child and the petitioner and all other matters relevant to the proposed adoption with a view to safeguarding the interests of the child and, in particular, it shall be his duty to include in his investigation, and to report to the Court upon, the following questions:—
(a) Whether the statements in the Petition are true; and inter alia whether, and if so what, steps he has found himself able to take for the purpose of ascertaining that the child's parent or parents, in giving their consent (if any) to the proposed adoption, understood that the effect of the adoption order will be to deprive them permanently of their parental rights;
(b) Whether any payment or other reward in consideration of the adoption has been received or agreed upon, and whether the adoption is consistent with the welfare of the child;
(c) Whether the means and status of the petitioner are such as to enable him to maintain and bring up the child suitably, and what right to or interest in property the child has;
(d) What insurance, if any, has been effected on the life of the child;
(e) Whether it is desirable for the welfare of the child that the Court should be asked to make an interim order or to impose in making an adoption order any particular terms or conditions, or to require the petitioner to make any particular provision for the child, and (if so) what provision.
3. If the Court is not satisfied with the verification of the statements in the Petition provided by the documents lodged or by the report of the curator ad litem, or if for any reason the Court thinks it right and proper, the Court may refuse to pronounce an adoption order or an interim order without further production of documents, or without oral evidence; and the Court may...
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