Adoption of Children from Overseas (Scotland) Regulations 2001

JurisdictionScotland
CitationSSI 2001/236

2001 No. 236

CHILDREN AND YOUNG PERSONS

The Adoption of Children from Overseas (Scotland) Regulations 2001

Made 14th June 2001

Laid before the Scottish Parliament 18th June 2001

Coming into force 2nd July 2001

The Scottish Ministers, in exercise of powers conferred by sections 9(2) and (3) and 50A(1) of the Adoption (Scotland) Act 19781and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Adoption of Children from Overseas (Scotland) Regulations 2001 and shall come into force on 2nd July 2001.

(2) These Regulations extend to Scotland only.

S-2 Interpretation

Interpretation

2. In these Regulations–

the 1978 Act” means the Adoption (Scotland) Act 1978;

the 1996 Regulations” means the Adoption Agencies (Scotland) Regulations 19962;

“adoption panel” has the same meaning as in the 1996 Regulations;

“prospective adopter” means a person habitually resident in the British Islands who at any time brings into the United Kingdom for the purpose of adoption (other than adoption by a parent, guardian or relative) a child who is habitually resident outside those Islands.

S-3 Requirements applying to prospective adopters

Requirements applying to prospective adopters

3.—(1) The requirements which a prospective adopter must satisfy for the purposes of section 50A(1) of the 1978 Act before bringing a child into the United Kingdom are those prescribed in paragraph (2).

(2) The requirements are that–

(a)

(a) the prospective adopter has applied to an adoption agency for assessment of their suitability to be an adoptive parent and has followed such procedure and provided such information to the agency as it may request in order to enable it to undertake such an assessment;

(b)

(b) an adoption agency has notified the prospective adopter in writing of a decision to approve them as suitable to be an adoptive parent; and

(c)

(c) the Secretary of State for Health has notified the prospective adopter in writing that they are prepared to issue a certificate confirming to the relevant overseas authority that the prospective adopter has been assessed and approved as suitable to be an adoptive parent and that the child will be authorised to reside permanently within the British Islands, if entry clearance is granted and an adoption order is made.

(3) A prospective adopter must also within the period of fourteen days beginning with the date on which they bring the child into the United Kingdom give notice to the local authority within whose area they have their home of–

(a)

(a) their intention to apply for an adoption order, in accordance with section 22 of the 1978 Act3; or

(b)

(b) their intention not to give the child a home.

(4) In this regulation–

“adoption agency”4includes an adoption agency within the meaning of section 1 of the Adoption Act 19765and Article 3 of the Adoption (Northern Ireland) Order 1987;

“relevant overseas authority” means a person or body performing...

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