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The Adoption of Children from Overseas (Scotland) Regulations 2001

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Requirements applying to prospective adopters

3.—(1) The requirements which a prospective adopter must satisfy for the purposes of section 50A(1) of the 1978 Act before bringing a child into the United Kingdom are those prescribed in paragraph (2).

(2) The requirements are that–

(a)the prospective adopter has applied to an adoption agency for assessment of their suitability to be an adoptive parent and has followed such procedure and provided such information to the agency as it may request in order to enable it to undertake such an assessment;

(b)an adoption agency has notified the prospective adopter in writing of a decision to approve them as suitable to be an adoptive parent; and

(c)the Secretary of State for Health has notified the prospective adopter in writing that they are prepared to issue a certificate confirming to the relevant overseas authority that the prospective adopter has been assessed and approved as suitable to be an adoptive parent and that the child will be authorised to reside permanently within the British Islands, if entry clearance is granted and an adoption order is made.

(3) A prospective adopter must also within the period of fourteen days beginning with the date on which they bring the child into the United Kingdom give notice to the local authority within whose area they have their home of–

(a)their intention to apply for an adoption order, in accordance with section 22 of the 1978 Act (1); or

(b)their intention not to give the child a home.

(4) In this regulation–

  • “adoption agency”(2) includes an adoption agency within the meaning of section 1 of the Adoption Act 1976(3) and Article 3 of the Adoption (Northern Ireland) Order 1987;

  • “relevant overseas authority” means a person or body performing functions in the country in which the child is habitually resident which correspond to the functions of an adoption agency;

  • “entry clearance” has the same meaning as in the Immigration Act 1971(4)

(1)

Section 22 was amended by the Children Act 1989 (c. 41) Schedule 10, Part II, paragraph 38.

(2)

By virtue of section 1(4) of the Adoption (Scotland) Act 1978 “adoption agency” means a local authority or an approved adoption society.

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