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Adoption (Scotland) Act 1978

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This is the original version (as it was originally enacted).

49Adoption of children abroad

(1)Where on an application made in relation to a child by a person who is not domiciled in England and Wales or Scotland an authorised court is satisfied that he intends to adopt the child under the law of or within the country in which the applicant is domiciled, the court may, subject to the following provisions of this section, make an order vesting in him the parental rights and duties relating to the child.

(2)The provisions of Part II relating to adoption orders, except sections 12(1), 14(2), 15(2), 17 to 21 and 25, shall apply in relation to orders under this section as they apply in relation to adoption orders subject to the modification that in section 13(1) for " 19 " and " 13 " there are substituted " 32 " and " 26 " respectively.

(3)Section 45 and paragraphs 1 and 2(1) and (3) of Schedule 1 shall apply in relation to an order under this section as they apply in relation to an adoption order except that any entry in the register of births or the Adopted Children Register which is required to be marked in consequence of the making of an order under this section shall, in lieu of being marked with the word "Adopted" or "Re-adopted" (with or without the addition of the word " (England)"), be marked with the words " Proposed foreign adoption" or " Proposed foreign re-adoption ", as the case may require.

(4)References in sections 27, 28, 30, 31 and 32 to an adoption order include references to an order under this section or under section 55 of the [1976 c. 36.] Adoption Act 1976.

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