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The Adoptions with a Foreign Element (Scotland) Regulations 2009

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Determination of eligibility to adopt

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12.—(1) An adoption agency is not to consider prospective adopters eligible to adopt unless at the date of the application under regulation 11 the person or, as the case may be, each member of the relevant couple making the application–

(a)has attained the age of 21 years; and

(b)has been habitually resident in a part of the British Islands for a period of not less than one year ending with the date of application.

(2) An adoption agency must notify prospective adopters in writing as soon as possible after becoming aware that the prospective adopters are not eligible to adopt because they do not meet the requirements of paragraph (1).

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