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Act of Sederunt (Child Care and Maintenance Rules) 1997

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2.5—(1) An application under section 18(1) of the Act (freeing child for adoption)(1) for an order declaring a child free for adoption shall be made by petition in Form 1.

(2) There shall be lodged in process at the same time as the lodging of a petition under paragraph (1)–

(a)an extract of the entry in the Register of Births relating to the child who is the subject of the application;

(b)a report of the adoption agency which deals with the following matters:–

(i)how the needs of the child came to the notice of the petitioner;

(ii)any relevant family circumstances of the child;

(iii)a description of the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;

(iv)an account of the discussion by the petitioner with the parents or guardians of the child and, if appropriate, with the child about their wishes and the alternatives to adoption;

(v)the knowledge of the petitioner of the position of other relatives or persons likely to be involved;

(vi)an account of the search by the petitioner for any parent or guardian who cannot be found;

(vii)the likelihood of placement of the child for adoption and whether a petition for an adoption order is likely in the near future;

(viii)the arrangements of the petitioner to care for the child after the granting of the prayer of the petition for an order freeing the child for adoption;

(ix)whether the petitioner has given each parent or guardian who can be found an opportunity to make a declaration under section 18(6) of the Act(2) that he prefers not to be involved in future questions concerning the adoption of the child;

(x)an account of the enquiries by the petitioner into the circumstances of any reputed father;

(xi)the intentions of the petitioner about giving notice to a former parent or guardian under section 19(2) and (3) of the Act (progress reports to former parent)(3); and

(xii)any other information which may be of assistance to the Court; and

(c)any other document founded upon by the petitioner in support of the terms of the petition.

(3) Where an adoption agency which proposes to apply under paragraph (1) wishes to prevent the address of the child being disclosed to any person whose agreement or consent is required by section 18(1)(a) or (2) of the Act respectively, the agency may apply to the sheriff clerk for a serial number to be assigned for that purpose.


Section 18(1) was amended by the Children (Scotland) Act 1995, Schedule 2, paragraph 11(a).


Section 18(6) was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraph 40.


Subsections (2) and (3) of section 19 were amended by the Children (Scotland) Act 1995, Schedule 2, paragraph 12(b) and (c).

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