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Adoption and Children (Scotland) Act 2007

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30Adoption by one personS
This section has no associated Explanatory Notes

(1)An adoption order may be made on the application of a person (“A”) if—

(a)A is aged 21 or over,

(b)subsection (2), (3), (4) or (5) applies,

(c)one of the conditions in subsection (6) is met, and

(d)where A is a natural parent of the child to be adopted, subsection (7) applies.

(2)This subsection applies if A is not a member of a relevant couple.

(3)This subsection applies if—

(a)A and another person (“B”) are a relevant couple,

(b)B is aged 18 or over,

(c)B is a parent of the child to be adopted, and

(d)B—

(i)is domiciled in a part of the British Islands, or

(ii)has been habitually resident in a part of the British Islands for a period of at least one year ending with the date of the application.

(4)This subsection applies if—

(a)A and B are—

(i)married to each other, or

(ii)civil partners of each other,

(b)B is not a parent of the child to be adopted, and

(c)the court is satisfied that—

(i)B cannot be found,

(ii)A and B have separated and are living apart and the separation is likely to be permanent, or

(iii)B is by reason of ill-health (whether physical or mental) incapable of making an application for an adoption order.

(5)This subsection applies if—

(a)A and B are a relevant couple by virtue of being members of a couple falling within paragraph (c) or (d) of subsection (3) of section 29,

(b)B is not a parent of the child to be adopted, and

(c)the court is satisfied that B is by reason of ill-health (whether physical or mental) incapable of making an application for an adoption order.

(6)Those conditions are—

(a)that A is domiciled in a part of the British Islands,

(b)that A has been habitually resident in a part of the British Islands for a period of at least one year ending with the date of the application.

(7)This subsection applies if the court is satisfied that—

(a)the other natural parent is dead,

(b)the other natural parent cannot be found,

[F1(c)by virtue of the provisions specified in subsection (7A), there is no other parent, or]

(d)the exclusion of the other natural parent from the application for adoption is justified on some other ground.

[F2(7A)The provisions referred to in subsection (7)(c) are—

(a)section 28 of the Human Fertilisation and Embryology Act 1990 (disregarding subsections (5A) to (5I) of that section), or

(b)sections 34 to 47 of the Human Fertilisation and Embryology Act 2008 (disregarding sections 39, 40 and 46 of that Act).]

(8)In subsections (3)(c), (4)(b) and (5)(b), “parent” has the meaning given by section 29(4).

Textual Amendments

F1S. 30(7)(c) substituted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 56(2); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

F2S. 30(7A) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 56(3); S.I. 2009/479, art. 6(1)(e)(2) (with art. 7, Sch.)

Modifications etc. (not altering text)

Commencement Information

I1S. 30 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)

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