Adoption and Children (Scotland) Act 2007
Part 1
Adoption
Chapter 1
The adoption service
The adoption service
1
Duty of local authority to provide adoption service
2
Carrying out of duties imposed by section 1
3
Adoption service: regulations
4
Local authority plans
5
Guidance
6
Assistance in carrying out functions under sections 1 and 4
7
Meaning of “adoption service” in Regulation of Care (Scotland) Act 2001
8
Adoption agencies: regulations about carrying out of functions
Adoption support services
9
Assessment of needs for adoption support services
10
Provision of services
11
Urgent provision
12
Power to provide payment to person entitled to adoption support service
Regulations
13
Regulations
Chapter 2
The adoption process
Preliminary
14
Considerations applying to the exercise of powers
Pre-adoption requirements
15
Child to live with adopters before adoption order made
16
Home visits
17
Reports where child placed by agency
18
Notification to local authority of adoption application
19
Notice under section 18: local authority’s duties
Restrictions on removal of children placed for adoption
20
Restrictions on removal: child placed for adoption with consent
21
Restrictions on removal: notice of intention to adopt given
22
Restrictions on removal: application for adoption order pending
23
Restrictions on removal of child looked after by local authority
Return of children
24
Return of child removed in breach of certain provisions
25
Return of child placed for adoption by adoption agency
Adoption not proceeding: arrangements
26
Looked after children: adoption not proceeding
Contravention of sections 30 to 36 of 2002 Act
27
Contravention of sections 30 to 36 of 2002 Act
The making of adoption orders
28
Adoption orders
29
Adoption by certain couples
30
Adoption by one person
31
Parental etc. consent
32
Consent of child aged 12 or over
33
Restrictions on making orders
34
Contravention of section 72 no bar to making order
Effect of order on existing rights etc.
35
Effect of order on existing rights etc.
Revocation of supervision requirement
36
Revocation of supervision requirement
Adoption records
37
Information to be kept about adoptions
38
Disclosure of information kept under relevant enactment
Chapter 3
Status of adopted children
39
Meaning of “adoption” in Chapter 3
40
Status conferred by adoption
41
Miscellaneous enactments
42
Pensions
43
Insurance
44
Succession and inter vivos deeds
Chapter 4
Adoption support plans
Adoption support plans
45
Adoption support plans
46
Duration
47
Family member’s right to require review of plan
48
Other cases where authority under duty to review plan
Reassessment
49
Reassessment of needs for adoption support services
Directions
50
Implementation of plans: directions
Guidance
51
Guidance
Regulations
52
Regulations about reviews of adoption support plans
Chapter 5
Registration
53
Adopted Children Register and index
54
Searches and extracts
55
Connections between the register and birth records
56
Admissibility of extracts as evidence
57
Interpretation of Chapter 5
Chapter 6
Adoptions with a foreign element
Restrictions on movement of children
58
Restriction on bringing children into the United Kingdom
59
Preliminary order where child to be adopted abroad
60
Restriction on removal of children for adoption outwith Great Britain
61
Regulations under section 58: offences
Adoptions from abroad: special restrictions
62
Declaration of special restrictions on adoptions from abroad
63
Review
64
The special restrictions
65
Imposition of extra conditions in certain cases
Charging
66
Power to charge
Overseas adoptions etc.
67
Meaning of “overseas adoption”
68
Annulment and recognition
69
Section 68: supplementary provision
70
Effect of determinations and orders made outwith Scotland
Chapter 7
Miscellaneous
Adoption allowances
71
Adoption allowances schemes
Prohibited payments
72
Prohibition of certain payments
73
Excepted payments
Disclosure of medical information about parents
74
Disclosure of medical information about parents
Restrictions on arranging adoptions and placing for adoption
75
Restriction on arranging adoptions and placing children
76
Adoption societies which are not registered adoption services
Effect of orders, and placing for adoption, under 2002 Act
77
Effect of certain orders made in England and Wales
78
Effect of placing for adoption etc. under 2002 Act
79
Further consequences of placement and placement orders
Part 2
Permanence orders
The making of permanence orders
80
Permanence orders
81
Permanence orders: mandatory provision
82
Permanence orders: ancillary provisions
83
Order granting authority for adoption: conditions
84
Conditions and considerations applicable to making of order
85
Child in respect of whom order may be made
86
Representations
Effect of order
87
Effect of order on existing parental right
88
Effect of order on existing orders
Revocation of supervision requirement
89
Revocation of supervision requirement
Precedence
90
Precedence of court orders and supervision requirements over order
Exercise of parental right under order
91
Exercise of parental right under order
Variation
92
Variation of ancillary provisions in order
93
Amendment of order to grant authority for child to be adopted
94
Proceedings
Orders and supervision requirements
95
Duty of children’s hearing to prepare report for court
96
Application: effect on supervision requirement
97
Interim orders and revocation of supervision requirement
Revocation and variation
98
Revocation
99
Duty of local authority to apply for variation or revocation
100
Revocation: order under section 11 of 1995 Act
Notification requirements
101
Local authority to give notice of certain matters
Effect of subsequent adoption order on permanence order
102
Effect of subsequent adoption order on permanence order
Restriction on making certain orders under 1995 Act
103
Restriction on making of orders under section 11 of 1995 Act
Rules of procedure
104
Permanence orders: rules of procedure
Part 3
Miscellaneous
Provisions applicable to adoption orders and permanence orders
105
Notification of proposed application for order
106
Child subject to supervision requirement: duty to refer to Principal Reporter
107
Making of adoption order no longer to be bar to making of contact order
108
Rules: appointment of curators ad litem and reporting officers
109
Proceedings to be in private
Care allowances: regulations
110
Allowances for care of certain children: regulations
Evidence and notices
111
Evidence of consent
112
Service of notices etc.
113
Admissibility of certain documents as evidence
Part 4
General
114
Rules of procedure
115
Offences by bodies corporate and partnerships
116
Ancillary provision
117
Orders and regulations
118
Meaning of “appropriate court”
119
Interpretation
120
Minor and consequential amendments and repeals
121
Short title and commencement
SCHEDULE 1
Registration of adoptions
1
Registration of adoption orders
2
(1) Sub-paragraph (2) applies where— (a) on an application to...
3
Where an adoption order is made in respect of a...
4
(1) Where an adoption order is made, the clerk of...
5
Registration of adoptions in other parts of the British Islands
6
Registration of other adoptions
7
Amendment of orders and rectification of registers
8
Marking of entries on re-registration of birth
SCHEDULE 2
Minor and consequential amendments
1
Succession (Scotland) Act 1964 (c. 41)
2
Social Work (Scotland) Act 1968 (c. 49)
3
Foster Children (Scotland) Act 1984 (c. 56)
4
Child Abduction and Custody Act 1985 (c. 60)
5
Family Law Act 1986 (c. 55)
6
Human Fertilisation and Embryology Act 1990 (c. 37)
7
Child Support Act 1991 (c. 48)
8
Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)
9
Children (Scotland) Act 1995 (c. 36)
10
Adoption (Intercountry Aspects) Act 1999 (c. 18)
11
Regulation of Care (Scotland) Act 2001 (asp 8)
12
Adoption and Children Act 2002 (c. 38)
13
Income Tax (Trading and Other Income) Act 2005 (c. 5)
14
Joint Inspection of Children’s Services and Inspection of Social Work Services (Scotland) Act 2006 (asp 3)
SCHEDULE 3
Repeals

Adoption and Children (Scotland) Act 2007
2007 asp 4
An Act of the Scottish Parliament to restate and amend the law relating to adoption; to make other provision in relation to the care of children; to enable provision to be made in relation to allowances in respect of certain children; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th December 2006 and received Royal Assent on 15th January 2007