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

Function of adoption panel in assessing proposed placement

26.—(1) The adoption panel shall consider the proposed placement referred to it by the local authority under regulation 25(5) and make a recommendation to the local authority, as to whether–

(a) the Convention prospective adopter is a suitable adoptive parent for the child; and

(b) the proposed placement is in the best interests of the child.

(2) In considering what recommendation to make under paragraph (1), the adoption panel–

(a) shall have regard to the child’s upbringing and the child’s ethnic, religious and cultural background;

(b) shall have regard to the duties imposed upon it by sections 6, 6A and 7 of the 1978 Act (duty to promote welfare of child and religious upbringing of adopted child);

(c) shall have regard to the documents referred to it under regulation 25(5);

(d) may ask the local authority to obtain any other relevant information which the panel considers necessary; and

(e) may obtain legal advice as it considers necessary in relation to the case.

(3) The local authority shall make a decision about the proposed placement within 14 days after the date of decision by the adoption panel and shall do so only after having taken into account the recommendations of the adoption panel.

(4) No member of an adoption panel shall take part in any decision made by the local authority under paragraph (3).

(5) Subject to paragraph (6), within 7 days of the decision under paragraph (3), the local authority shall notify in writing the parents of the child including, where the local authority considers this to be in the child’s best interests, the father or mother of the child who is a parent in terms of section 15 (1) of the Children (Scotland) Act 1995 but who does not have parental responsibilities, or the guardian of the child if their whereabouts are known to the local authority, that the child has been placed for adoption in a Convention country outside the British Islands.

(6) No notification shall be given in terms of paragraph (5) to a person who has made a declaration under section 18 (6) or 19 (4) of the Act (declaration as to no further involvement with the child) and has not withdrawn that declaration under section 19 of the Act.