Act of Sederunt (Rules of the Court of Session 1994) 1994

Duties of reporting officer and curator ad litem S

67.24.—(1) A reporting officer appointed under rule 67.23(1)(b) shall, where appropriate–

(a) inquire into the facts and circumstances averred in the petition and the report of the local authority or adoption agency;

(b) where the child is not free for adoption, ascertain the whereabouts of each parent or guardian and, if practicable, meet him;

(c) witness any execution in Scotland of any agreement in Form 67.5–A by a parent or guardian under section 16(1)(b) of the Act of 1978 (agreement to adoption), and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;

(d) where a parent or guardian is furth of Scotland, confirm his views in writing, ensure that any agreement under section 16(1)(b) of the Act of 1978 is witnessed in accordance with rule 67.5(3) and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;

(e) witness any consent of a child in Form 67.5–C under section 12(8) of the Act of 1978(1)

(f) ensure that each parent or guardian whose agreement is required understands that in agreeing to the adoption he is giving up all future claims to the child and that all parental rights and duties will vest in the adopter;

(g) where the child is not free for adoption, consider whether the local authority or adoption agency has made every reasonable effort to find every person whose agreement is required;

(h) investigate whether there are any other persons with a relevant interest and whether they should be informed of the petition;

(i) ascertain from any parent or guardian who can be found whether alternatives to adoption have been discussed with him;

(j) ensure that each parent or guardian whose agreement is required or may be dispensed with is aware of the date (if known) of the hearing to determine the application if he wishes to appear, and confirm that such person whose agreement is required and has not been dispensed with understands that he may withdraw his agreement at any time before the adoption order is made;

(k) draw to the attentfi ion of the court any matter which may be of assistance; and

(l) prepare a report in relation to the exercise of his duties within such period as the court may specify.

(2) A curator ad litem appointed under rule 67.23(1)(c) shall–

(a) safeguard generally the interests of the child;

(b) inquire, so far as he considers necessary, into the facts and circumstances averred in the petition;

(c) ascertain particulars of the condition of, and accommodation in, the home of the petitioner;

(d) ascertain particulars of all members of the household of the petitioner and their relationship to the petitioner;

(e) where a sole petitioner is married, ascertain why the other spouse has not joined in the petition;

(f) ascertain whether the means and status of the petitioner are sufficient to enable him to maintain and bring up the child suitably;

(g) ascertain any rights or interests in property of the child;

(h) ascertain whether a payment or reward prohibited by section 51 of the Act of 1978 (prohibition on certain payments) has been received or agreed upon;

(i) establish that the petitioner understands that the nature and effect of an adoption order is to transfer the parental rights and duties in relation to the child to the petitioner and make him responsible for the maintenance and upbringing of the child;

(j) where applicable, ascertain when the mother of the child ceased to have the care and possession of the child and to whom care and possession were transferred;

(k) ascertain whether the proposed adoption is likely to safeguard and promote the welfare of the child throughout his childhood;

(l) ascertain whether the life of the child has been insured and for what sum;

(m) ascertain whether it may be in the interests of the child that the court should pronounce an interlocutor making an order under section 25 of the Act of 1978 (interim orders), or make an adoption order subject to particular conditions including the making of special provision for the child, or whether an order for custody should be made;

(n) where the petitioner is not ordinarily resident in the United Kingdom, ascertain whether a report has been obtained on the house and living conditions of the petitioner from a reliable agency in the country of his ordinary residence;

(o) ascertain the reasons why the petitioner wishes to adopt the child;

(p) ascertain the religious persuasion, if any, of the petitioner;

(q) where the difference in age between the petitioner and the child is greater or less than the normal difference between parent and child, assess the implications of that difference in relation to the petition;

(r) consider any other matter, including the personality of the petitioner and where appropriate, that of the child which might affect the suitability of the petitioner to be a parent bringing up the child;

(s) ascertain, so far as practicable, the wishes and feelings of the child regarding the proposed adoption;

(t) ascertain, where the father of the child does not have parental rights, the likelihood of the father gaining any such parental rights, whether by marriage or as the result of any order by any court;

(u) where the agreement of a parent or guardian or the consent of a child is sought to be dispensed with, consider whether the ground of dispensation has been made out;

(v) consider whether, in his opinion, the child should be present at the hearing to determine the petition;

(w) perform such other duties as appear to him to be necessary or as the court may require; and

(x) prepare a report in relation to the exercise of his duties within such period as the court may specify.

(3) The reporting officer shall, on completion of his report, send to the Deputy Principal Clerk–

(a) the report and a copy of it for each party;

(b) any agreement for the purposes of section 16(1)(b) of the Act of 1978 (agreement of parent or guardian to adoption); and

(c) any consent under section 12(8) of the Act of 1978 (consent of child to adoption).

(4) The curator ad litem shall, on completion of his report, send the report, and a copy of it for each party, to the Deputy Principal Clerk.

Commencement Information

I1 Sch. 2 rule 67.24 in force at 5.9.1994, see para. 1(1)

(1)

Section 12(8) of the Act of 1978 (c. 28) was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 2(3)(a).