Adoption and Children (Scotland) Act 2007

25 Return of child placed for adoption by adoption agency

(1) This section applies where—

(a) in pursuance of arrangements made by an adoption agency or a registered adoption society for the adoption of a child by persons (the “prospective adopters”), the child has been placed with the prospective adopters, and

(b) no adoption order has been made in relation to the child on the application of the prospective adopters.

(2) The prospective adopters may give notice to the agency or society of their intention not to retain the care of the child.

(3) The agency or society may give notice to the prospective adopters of its intention not to allow the child to remain in the care of the prospective adopters.

(4) If an application for an adoption order in relation to the child has been made by the prospective adopters, notice under subsection (3) may be given only with leave of the court which is hearing the application.

(5) Subsection (6) applies where—

(a) notice is given by virtue of subsection (2) or (3), or

(b) an application for an adoption order made by the prospective adopters is refused or withdrawn.

(6) The prospective adopters must, before the expiry of the relevant period, return the child to—

(a) the agency or, as the case may be, society, or

(b) a person nominated by the agency or, as the case may be, society for the purposes of this section.

(7) In subsection (6), “relevant period” means—

(a) in the case mentioned in paragraph (a) of subsection (5), the period of 7 days beginning with the day on which notice was given,

(b) in the case mentioned in paragraph (b) of that subsection—

(i) the period of 7 days beginning with the day on which the application was refused or withdrawn, or

(ii) if, before the expiry of the period mentioned in sub-paragraph (i), the court makes an order extending that period for a period (not exceeding 6 weeks) specified in the order, the period so specified.

(8) A person who fails to return a child in contravention of this section commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.

(9) The court by which a person is convicted by virtue of subsection (8) may order that the child in respect of whom the offence is committed be returned to the child’s parent or guardian or, as the case may be, the adoption agency or registered adoption society.