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The Adoptions with a Foreign Element (Scotland) Regulations 2009

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Convention adoption order: refusal or withdrawal

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36.—(1) Where an application for a Convention adoption order is refused by the court, the prospective adopters must deliver the child to the relevant local authority within the period determined by the court.

(2) Paragraphs (3) and (4) apply where an application for a Convention adoption order in respect of a child is withdrawn by the prospective adopters.

(3) Where the prospective adopters do not submit a fresh application for a Convention adoption order in respect of the child within 28 days of the withdrawal (or such longer period as the relevant local authority may agree in writing) they must deliver the child to the relevant local authority within 7 days of the expiry of the 28 day period or, as the case may be, such longer period.

(4) But where the prospective adopters notify the adoption agency that they do not intend to submit a fresh application for a Convention adoption order in respect of the child, they must deliver the child to the relevant local authority within 7 days of such notification.

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