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Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009

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Additional requirements where child to be adopted abroad

9.—(1) The additional requirements in this Rule apply to a petitioner in an application for an order under section 59 of the 2007 Act.

(2) In the case of an application to which regulation 7 of the 2009 Regulations applies, the petitioner must lodge in process along with the petition—

(a)the confirmation required under regulation 7(3)(a)(i) of the 2009 Regulations;

(b)the documents mentioned in regulation 8 of the 2009 Regulations;

(c)copies of the confirmations to the adoption agency referred to in regulation 7(3)(b)(i), (iii) and (iv) of the 2009 Regulations;

(d)a copy of the report mentioned in regulation 7(3)(b)(ii) of the 2009 Regulations;

(e)a copy of the confirmation to the adoption agency referred to in regulation 7(3)(c) or (d), as the case may be, of the 2009 Regulations.

(3) In the case of an application to which regulation 50 of the 2009 Regulations applies, the petitioner must lodge along with the petition the reports, confirmations and other documents referred to in regulation 50(3)(a) to (d), (f) and (g) of those Regulations or, where appropriate, copies thereof.

(4) Where appropriate, the petitioner must also lodge in process a translation into English of any document referred to in paragraph (2) or (3) together with the certificate referred to in paragraph (5).

(5) The certificate mentioned in paragraph (4) is a certificate by the translator—

(a)certifying that the translation is in conformity with the original document; and

(b)giving the full name, address and qualifications of the translator.

(6) The petitioner must adduce evidence of the law of adoption in the country or territory in which it is intended to adopt to the child.

(7) The evidence of the law of adoption required under paragraph (6) may be in the form of an affidavit by a person who is conversant with that law and who—

(a)practises or has practised law in that country or territory; or

(b)is a duly accredited representative of the government of that country or territory in the United Kingdom.

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