The Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003

Article 16 report from SOCA and Article 17 Agreement

10.—(1) Where the Central Authority receive from SOCA the report and additional information specified in Article 16 of the Convention relating to the child whom SOCA considers should be placed for adoption with the prospective adopter, the Central Authority shall send that report and the additional information (“the documents”) to the adoption agency.

(2) The adoption agency shall consider the documents and shall–

(a) send the report about the child to the prospective adopter; and

(b) meet with the prospective adopter to–

(i) discuss the report and the proposed placement; and

(ii) offer such counselling as may be necessary in connection with the proposed adoption.

(3) The prospective adopter (or where the prospective adopter is a married couple and there are exceptional circumstances, one of them) shall visit the child in the State of origin before the prospective adopter may give notice to the adoption agency that the prospective adopter wishes to proceed with the proposed adoption.

(4) Following any agreement under Article 17(c) of the Convention and the placement of the child with the prospective adopter by SOCA, the prospective adopter or, in exceptional circumstances, a nominee of the prospective adopter who has been approved by the adoption agency shall accompany the child on entering the United Kingdom.

(5) Where–

(a) the procedure set out in paragraph (2) has been followed; and

(b) the prospective adopter has informed the adoption agency in writing that–

(i) the prospective adopter (or where the prospective adopter is a married couple and there are exceptional circumstances, one of them) has visited the child in the State of origin; and

(ii) the prospective adopter wishes to proceed to adopt the child,

the adoption agency shall notify the Central Authority accordingly and at the same time confirm that it is satisfied that there are no impediments to the adoption proceeding.

(6) Where the Central Authority has received notification from the adoption agency under paragraph (5), the Central Authority shall–

(a) notify SOCA that

(i) the prospective adopter wishes to proceed to adopt the child;

(ii) the Central Authority is prepared to agree with SOCA that the adoption may proceed; and

(b) confirm to SOCA that–

(i) in the case where the requirements specified in section 1(5A) of the British Nationality Act 1981(1) are met that the child will be authorised to enter and reside permanently in the United Kingdom; and

(ii) in any other case, if entry clearance and leave to enter and remain, as may be necessary, is granted and not revoked or curtailed and a Convention adoption order or a Convention adoption is made, the child will be authorised to enter and reside permanently in the United Kingdom.

(7) The Central Authority shall inform the adoption agency and the prospective adopter when the agreement under Article 17(c)(2) of the Convention has been made.

(8) If, at any stage before the agreement under Article 17(c) of the Convention is made, SOCA notifies the Central Authority that it has decided the proposed placement should not proceed, then–

(a) the Central Authority shall inform the adoption agency of SOCA’s decision;

(b) the adoption agency shall then inform the prospective adopter of that decision and return the documents to the Central Authority; and

(c) the Central Authority shall then return the documents to SOCA.

(9) If, at any stage before the child is placed with the prospective adopter, the prospective adopter notifies the adoption agency that the prospective adopter does not wish to proceed with the adoption of the child, the adoption agency shall inform the Central Authority and return the documents to that Central Authority who shall in turn notify SOCA of the prospective adopter’s decision and return the documents to SOCA.

(1)

1981 c. 61.

(2)

Article 17 sets out the conditions which must be satisfied before a decision may be made by the State of origin that a child may be placed with prospective adopters. The condition contained in Article 17(c) is that the Central Authority of the State of origin and the receiving State has agreed that the adoption may proceed.