The Registration of Foreign Adoptions (Scotland) Regulations 2003

Persons who may apply for an entry in the Adopted Children Register

5.—(1) An application for an entry to be made in the Adopted Children Register in respect of a Convention adoption or an overseas adoption may be made only by any of the persons specified in paragraph (2) below.

(2) The persons specified for the purpose of paragraph (1) above are–

(a) in the case of a sole adoptive parent, that parent;

(b) in the case of a couple, either of the adoptive parents;

(c) in the case of an adopted person who has attained the age of 16 years, that person;

(d) in the case of an overseas adoption, where the Registrar General of Births, Deaths and Marriages for Scotland is satisfied that the application is by the Registrar General of Births, Deaths and Marriages (or equivalent officer) for the country in which the adoption order was made, that Registrar (or equivalent officer); and

(e) in the case of a Convention adoption–

(i) the Scottish central authority(1); and

(ii) the central authority for the Convention country in which the Convention adoption was made.

(1)

The functions of the central authority in Scotland are to be discharged by the Secretary of State by virtue, and on commencement, of the 1999 Act, section 2, and those functions are prospectively transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (c. 46), section 53, and the 1999 Act, section 16(2).