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

Receipt of Article 15 report from RSCA

25.—(1) This regulation applies where–

(a) the Central Authority receives a report (“the Article 15 report”) from the RSCA which has been prepared for the purposes of Article 15 of the Convention;

(b) the Article 15 report relates to a prospective adopter who is habitually resident in the receiving State and has applied for a determination as to suitability and eligibility to adopt in terms of Article 5 of the Convention (a “Convention prospective adopter”); and

(c) the Convention prospective adopter wishes to adopt a child who is habitually resident in Scotland.

(2) If the Central Authority is satisfied that the Convention prospective adopter meets those requirements as to age and marital status which are required to be met if an adoption order were to be made in Scotland in favour of that person, the Central Authority shall consult the Convention list and, if the Central Authority considers it appropriate, consult any Convention list maintained by another central authority within the British Islands.

(3) The Central Authority may pass a copy of the Article 15 report to the other Central authorities within the British Islands for the purpose of enabling those authorities to consult their Convention list.

(4) Where the Central Authority identifies a child who may be suitable to be adopted by the Convention prospective adopter, it shall send the Article 15 report to the local authority which referred the child’s details to the Central Authority.

(5) The local authority shall consider the report and where it considers that it may be appropriate to place the child for adoption with the Convention prospective adopter it shall refer the proposed placement for adoption to the adoption panel together with–

(a) the Article 15 report;

(b) the documents referred to in regulation 22(2);

(c) its observations on the proposed placement; and

(d) any other relevant information about the child.