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The Adoptions with a Foreign Element (Scotland) Regulations 2009

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Procedure where proposed adoption not to proceed

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22.—(1) If, at any time before the agreement under Article 17(c) of the Convention is made, the CA of the State of origin notifies the Central Authority that it has decided that the proposed placement should not proceed–

(a)the Central Authority must inform the adoption agency of the CA of the State of origin’s decision;

(b)the agency must then inform the prospective adopters and return the Article 16 Information to the Central Authority; and

(c)the Central Authority must then return the Article 16 Information to the CA of the State of origin.

(2) Where, at any time before the adoption agency receives notification of the agreement under Article 17(c) of the Convention, the agency’s decision that the prospective adopters are suitable to be adoptive parents is reviewed under regulation 19 and, as a consequence, the agency determines that the prospective adopters are no longer suitable to be adoptive parents–

(a)the agency must inform the Central Authority and return the Article 16 Information; and

(b)the Central Authority must then notify the CA of the State of origin and return that Information.

(3) If, at any time before the child is placed with the prospective adopters, the prospective adopters notify the adoption agency that they do not wish to proceed with the adoption of the child–

(a)the agency must inform the Central Authority and return the Article 16 Information to that Authority; and

(b)the Central Authority must then notify the CA of the State of origin of the prospective adopters' decision and return the Information to the CA of the State of origin.

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