Search Legislation

Adoption and Children (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

30Adoption by one person
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,

(c)by virtue of section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (disregarding subsections (5A) to (5I) of that section), 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.

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

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 Executive department responsible for the subject matter of the Act 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

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