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The Adoptions with a Foreign Element (Scotland) Regulations 2009

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Counselling and information for parent or guardian and counselling for others

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40.—(1) Where an adoption agency is considering whether a child is suitable for an adoption in accordance with the Convention, it must–

(a)ensure that such counselling as may be necessary in connection with an adoption in accordance with the Convention is made available to–

(i)the parent or guardian of the child; and

(ii)any individual who has any parental responsibilities or parental rights in relation to the child;

(b)explain to the parent or guardian the procedure in relation to, and the legal implications of, adoption in accordance with the Convention by prospective adopters habitually resident in the receiving State; and

(c)provide the parent or guardian with written information about the matters referred to in sub-paragraph (b).

(2) Paragraph (1) does not apply–

(a)if the adoption agency is satisfied that the requirements in that paragraph have been met in respect of the parent, guardian or, as the case may be, individual mentioned in sub-paragraph (a)(ii) of that paragraph by another adoption agency;

(b)to the father of the child if, after reasonable steps have been taken by the adoption agency, his identity cannot be ascertained.

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