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Adoption and Children (Scotland) Act 2007

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This is the original version (as it was originally enacted).

93Amendment of order to grant authority for child to be adopted

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a permanence order in respect of a child is in force, and

(b)the order does not include provision granting authority for the child to be adopted.

(2)On the application of the local authority on whose application the order was made, the appropriate court may amend the order so as to include provision granting authority for the child to be adopted if (and only if)—

(a)the court is satisfied that the child has been placed for adoption, or is likely to be placed for adoption,

(b)the court is satisfied that the condition in subsection (3) or subsection (4) is met, and

(c)the court considers that it would be better for the child that authority for the child to be adopted is granted than that it should not be granted.

(3)The condition is that each parent or guardian of the child understands what the effect of making an adoption order would be and consents to the making of such an order in relation to the child.

(4)The condition is that the consent of each parent or guardian should be dispensed with on any of the grounds mentioned in section 83.

(5)Subsections (4), (5)(a) and (b) and (6) of section 84 apply to the amendment of a permanence order under this section as they apply to the making of such an order.

(6)In subsections (3) and (4)—

  • “guardian”, in relation to a child in respect of whom a permanence order to which this section applies is in force, means a guardian—

    (a)

    who has any parental responsibilities or parental rights in relation to the child, or

    (b)

    who, by virtue of the making of a previous such order, no longer has any such responsibilities or rights,

  • “parent”, in relation to a child in respect of whom a permanence order to which this section applies is in force, means a parent—

    (a)

    who has any parental responsibilities or parental rights in relation to the child, or

    (b)

    who, by virtue of the making of a previous such order, no longer has any such responsibilities or rights.

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