Act of Sederunt (Rules of the Court of Session 1994 Amendment No.2) (Human Fertilisation and Embryology) (Parental Orders) 1994

Duties of reporting officer and curatorad litem

81.11.—(1) A reporting officer appointed under rule 81.10(1)(a) shall, where appropriate–

(a) inquire into the facts and circumstances averred in the petition;

(b) ascertain whether the conditions in subsections (2) to (7) of section 30 of the Act of 1990 have been satisfied;

(c) witness any execution in Scotland of any agreement in Form 81.5 under section 30(5) of the Act of 1990 (agreement to parental order by a father who is not the husband of the female petitioner or by the woman who carried the child), and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;

(d) where a person whose agreement is required is furth of Scotland, confirm his views in writing, ensure that any agreement under section 30(5) of the Act of 1990 is witnessed in accordance with rule 81.5(2) and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;

(e) ensure that each person whose agreement is required understands that in agreeing to the parental order he is giving up all future claims to the child and that all parental rights and duties will vest in the petitioners;

(f) investigate whether there are any other persons with a relevant interest and whether they should be informed of the petition;

(g) ascertain from any person whose agreement is required and who can be found whether alternatives to a parental order have been discussed with him;

(h) ensure that any person whose agreement is required is aware of the date (if known) of the hearing to determine the application if he wishes to appear, and confirm that any such person understands that he may withdraw his agreement at any time before a parental order is made;

(i) draw to the attention of the court any matter which may be of assistance; and

(j) prepare a report in relation to the exercise of his duties within such period as the court may specify.

(2) A curatorad litemappointed under rule 81.10(1)(b) shall–

(a) safeguard generally the interests of the child;

(b) inquire, so far as he considers necessary, into the facts and circumstances averred in the petition;

(c) ascertain whether any money or other benefit has been received or agreed upon which is prohibited by section 30(7) of the Act of 1990 (prohibition on gift or receipt of money or other benefit);

(d) establish that the petitioners understand that the nature and effect of a parental order is to transfer the parental rights and duties in relation to the child to the petitioners and make them responsible for the maintenance and upbringing of the child;

(e) ascertain whether the proposed parental order is likely to safeguard and promote the welfare of the child throughout his childhood;

(f) ascertain whether it may be in the interests of the child that the court should make a parental order subject to particular conditions including the making of special provision for the child;

(g) perform such other duties as appear to him to be necessary or as the court may require; and

(h) prepare a report in relation to the exercise of his duties within such period as the court may specify.

(3) The reporting officer shall, on completion of his report, send to the Deputy Principal Clerk–

(a) the report and a copy of it for each party; and

(b) any agreement for the purposes of section 30(5) of the Act of 1990.

(4) The curatorad litemshall, on completion of his report, send the report and a copy of it for each party, to the Deputy Principal Clerk.