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The Adoptions with a Foreign Element (Scotland) Regulations 2009

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Requirements for order under section 59 of the Act prior to proposed Convention adoption

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50.—(1) This regulation prescribes, for the purposes of subsection (3) of section 59 of the Act (preliminary order where child to be adopted abroad), the requirements to be satisfied before an order under that section may be made in the case where the prospective adopters (within the meaning of that section) intend to adopt a child under a Convention adoption.

(2) This regulation applies in the case of a child placed for adoption with the prospective adopters by an adoption agency.

(3) The requirements are that–

(a)the competent authorities of the receiving State have–

(i)prepared an Article 15 report;

(ii)determined and confirmed in writing that the prospective adopters are eligible and suitable to adopt;

(iii)ensured and confirmed in writing that the prospective adopters have been counselled as may be necessary; and

(iv)determined and confirmed in writing that the child is or will be authorised to enter and reside permanently in the receiving State;

(b)the report required for the purposes of Article 16(1) of the Convention has been prepared by the adoption agency;

(c)the adoption agency confirms in writing to the court that it has complied with the requirements imposed on it under Parts IV and V of the Adoption Agencies Regulations;

(d)the adoption agency has obtained and made available to the court–

(i)a copy of the recommendations of the adoption panel under regulation 46(1);

(ii)a copy of the report on the health of the child mentioned in regulation 18(1)(d) of the Adoption Agencies Regulations and any report obtained in accordance with regulation 18(2) of those Regulations;

(iii)a copy of the report and information mentioned in regulation 18(1)(i) of those Regulations; and

(iv)a copy of the permanence order including provision granting authority for the child to be adopted;

(e)the adoption agency includes in any report submitted to the court in accordance with subsection (2) of section 17 of the Act (reports where child placed by agency), or subsection (2) of section 19 of the Act (notice under section 18: local authority’s duties) (as those sections fall to be construed by virtue of the modifications in regulation 9), details of–

(i)visits carried out under regulation 25(1) of the Adoption Agencies Regulations; and

(ii)any reviews carried out under regulation 26(2) of those Regulations;

(f)in a case where there is only one prospective adopter, the prospective adopter has confirmed in writing to the adoption agency that the prospective adopter will accompany the child out of Great Britain and into the receiving State; and

(g)in a case where the prospective adopters are a relevant couple, they have confirmed in writing to the adoption agency–

(i)that both members of the relevant couple will so accompany the child; or

(ii)if the adoption agency and the competent authority of the receiving State have confirmed that it is necessary for only one such member so to accompany the child, that one such member will do so.

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