Search Legislation

The Adoption (Disclosure of Information and Medical Information about Natural Parents) (Scotland) Regulations 2009

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Disclosure of information to adopted person

This section has no associated Executive Note

3.—(1) Where an adopted person who has attained the age of 16 years, if in Scotland, or 18 years, if in England or Wales, requests adoption support services under section 9 (assessment of needs for adoption support services) of the Act, or is seeking information under section 60 (disclosing information to adopted adult), 61 (disclosing protected information about adults) or 62 (disclosing protected information about children) of the 2002 Act, an adoption agency must disclose any information, which it has relating to that person’s adoption, to that adopted person.

(2) Where an adopted person has not yet attained the age of 16 years, if in Scotland, or 18 years, if in England or Wales, an adoption agency may disclose the information, which it has relating to that person’s adoption, to that adopted person if the agency thinks it appropriate to do so.

(3) In considering whether it is appropriate to disclose or withhold information under paragraph (2) the adoption agency must consider—

(a)the views of the adopted person, taking into account the person’s age and maturity;

(b)the views of the adopted person’s adoptive parents, insofar as it is practicable to obtain their views; and

(c)the welfare of the adopted person.

(4) Notwithstanding paragraph (3) information must not be disclosed to the adopted person under paragraph (2) if that information could, whether taken on its own or together with other information held by the adopted person, identify the adopted person’s natural parents or other natural relatives.

(5) Where an adoption agency discloses information in accordance with paragraph (1) or (2) the agency must inform the adopted person of the availability of counselling services.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources