Search Legislation

Adoption and Children (Scotland) Act 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Chapter 3

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Adoption and Children (Scotland) Act 2007, Chapter 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Chapter 3SStatus of adopted children

39Meaning of “adoption” in Chapter 3S

(1)In this Chapter, “adoption” means—

(a)adoption by an adoption order,

(b)adoption by an adoption order as defined in section 46(1) of the 2002 Act,

(c)adoption by an order made, or having effect as if made, under Article 12 of the Northern Ireland Order,

(d)adoption by an order made in the Isle of Man or any of the Channel Islands,

(e)a Convention adoption,

(f)an overseas adoption, or

(g)an adoption recognised by the law of Scotland and effected under the law of any other country;

and related expressions are to be interpreted accordingly.

(2)References in this Chapter to adoption do not include an adoption effected before the day on which this Chapter comes into force.

(3)Any reference in an enactment to an adopted person within the meaning of this Chapter includes a reference to an adopted child within the meaning of Part IV of the Adoption (Scotland) Act 1978 (c. 28).

Commencement Information

I1S. 39 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

40Status conferred by adoptionS

(1)An adopted person is to be treated in law as if born as the child of the adopters or adopter.

(2)If an adopted person is adopted—

(a)by a relevant couple, or

(b)by virtue of section 30(3), by a member of a relevant couple,

the adopted person is to be treated as the child of the couple concerned.

(3)An adopted person adopted by virtue of section 30(3) by a member of a relevant couple is to be treated in law as not being the child of any person other than the adopter and the other member of the couple.

(4)Otherwise, an adopted person is to be treated in law as not being the child of any person other than the adopters or adopter.

(5)Subsections (3) and (4) do not affect any reference in this Act to a person's natural parent or to any other natural relationship.

(6)Subsection (7) applies where, in the case of a person adopted under a Convention adoption, the Court of Session is satisfied, on an application under this section—

(a)that under the law of the country in which the adoption was effected the adoption is not a full adoption,

(b)that—

(i)the consents mentioned in Article 4(c) and (d) of the Convention have not been given for a full adoption, or

(ii)the United Kingdom is not the receiving State (within the meaning of Article 2 of the Convention), and

(c)that it would be more favourable to the person for a direction to be given under that subsection.

(7)The court may direct that subsection (4)—

(a)is not to apply, or

(b)is not to apply to such extent as may be specified in the direction.

(8)In subsection (6), “full adoption” means an adoption by virtue of which the person falls to be treated in law as if the person were not the child of any person other than the adopters or adopter.

(9)This section has effect from the date of the adoption.

(10)Subject to the provisions of this Chapter, this section—

(a)applies for the interpretation of enactments or instruments passed or made before as well as after the adoption and so applies subject to any contrary indication, and

(b)has effect as respects things done, or events occurring, on or after the adoption.

Modifications etc. (not altering text)

Commencement Information

I2S. 40 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

41Miscellaneous enactmentsS

(1)Subject to subsection (2), section 40 does not apply—

(a)for the purposes of determining the forbidden degrees of consanguinity and affinity in respect of the law relating to marriage or to the eligibility of persons to register as civil partners of each other, or

(b)in respect of the crime of incest.

(2)On the making of an adoption order, the adopter and the person adopted are deemed, for all time coming, to be within the forbidden degrees in respect of the law relating to marriage, to such eligibility and to incest.

(3)Section 40 does not apply for the purposes of any provision of—

(a)the British Nationality Act 1981 (c. 61),

(b)the Immigration Act 1971 (c. 77),

(c)any instrument having effect under either of those Acts, or

(d)any other law for the time being in force which determines British citizenship, British overseas territories citizenship or British Overseas Citizenship.

Modifications etc. (not altering text)

Commencement Information

I3S. 41 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

42PensionsS

Section 40 does not affect entitlement to a pension which is payable to or for the benefit of a person and is in payment at the time of the person's adoption.

Modifications etc. (not altering text)

Commencement Information

I4S. 42 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

43InsuranceS

(1)Subsections (2) and (3) apply where a child is adopted whose natural parent has effected an insurance with—

(a)a friendly society,

(b)a collecting society, or

(c)an industrial insurance company,

for the payment on the death of the child of money for funeral expenses.

(2)The rights and liabilities under the policy are by virtue of the adoption transferred to the adoptive parents.

(3)For the purposes of the enactments relating to such societies and companies, the adoptive parents are to be treated as the person who took out the policy.

(4)Where the adoption is effected by an order made by virtue of section 30(3), the references in subsections (2) and (3) to the adoptive parents are to be read as references to the adopter and the other member of the relevant couple.

Modifications etc. (not altering text)

Commencement Information

I5S. 43 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

44Succession and inter vivos deedsS

Section 40 does not affect the law relating to adopted persons in respect of—

(a)succession to an intestate or testate estate, and

(b)the disposal of property by virtue of an inter vivos deed.

Commencement Information

I6S. 44 in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources