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Adoption (Scotland) Act 1978

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This is the original version (as it was originally enacted).

12Adoption orders

(1)An adoption order is an order vesting the parental rights and duties relating to a child in the adopters, made on their application by an authorised court.

(2)The order does not affect the parental rights and duties so far as they relate to any period before the making of the order.

(3)The making of an adoption order operates to extinguish—

(a)any parental right or duty relating to the child which immediately before the making of the order was vested in a person (not being one of the adopters) who was—

(i)a parent of the child, or

(ii)a tutor, curator or other guardian of the child appointed by a deed or by the order of a court;

(b)any duty owed to or by the child—

(i)to pay or provide aliment in respect of any period occurring after the making of the order;

(ii)to make any payment arising out of parental rights and duties in respect of such a period.

(4)Nothing in subsection (3) shall—

(a)extinguish any duty arising under a deed or agreement which constitutes a trust or which expressly provides that the duty is not to be extinguished by the making of an adoption order ;

(b)of itself terminate the appointment or functions of any judicial factor loco tutoris or curator bonis appointed to administer the whole or any part of the child's estate.

(5)An adoption order may not be made in relation to a child who is or has been married.

(6)An adoption order may contain such terms and conditions as the court thinks fit.

(7)An adoption order may be made notwithstanding that the child is already an adopted child.

(8)An adoption order shall not be made in relation to a child who is a minor unless with the consent of the minor; except that where the court is satisfied that the minor is incapable of giving his consent to the making of the order, it may dispense with that consent.

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