Explanatory Notes

Adoption and Children (Scotland) Act 2007

2007 asp 4

15 January 2007

Commentary on Sections

Chapter 2 .The Adoption Process

Section 20 - Restrictions on removal: child placed for adoption with consent

81.Where a child has been placed for adoption by an adoption agency, with consent of the child’s parents, subsection (2) provides that the parents cannot remove the child from the care of the prospective adopters without the leave of the adoption agency or the appropriate court.

82.Subsection (3) makes it an offence to remove a child in breach of subsection (2). The offence is punishable by imprisonment for a term not exceeding 3 months, a fine not exceeding level 5 on the standard scale, or both.