Children (Scotland) Act 1995

95 Welfare of child paramount consideration

For section 6 of the 1978 Act substitute—

“6 Duty to promote welfare of child

(1) Without prejudice to sections 12(8) and 18(8), in reaching any decision relating to the adoption of a child, a court or adoption agency shall have regard to all the circumstances but—

(a) shall regard the need to safeguard and promote the welfare of the child concerned throughout his life as the paramount consideration; and

(b) shall have regard so far as practicable—

(i) to his views (if he wishes to express them) taking account of his age and maturity; and

(ii) to his religious persuasion, racial origin and cultural and linguistic background.

(2) Without prejudice to the generality of paragraph (b) of subsection (1), a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view for the purposes of that paragraph.”.