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Adoption and Children (Scotland) Act 2007

Section 75 - Restriction on arranging adoptions and placing children

273.By virtue of subsection (1), and subject to subsection (2), it is an offence for a person other than an adoption agency to make arrangements for the adoption of a child or to place a child for adoption.

274.Subsection (2) provides, however, that no offence will be committed if the prospective adopters or the person with whom the child is placed is a parent of the child, any other relative of the child or, where a parent of the child is a member of a relevant couple, the other member of the couple. “Relevant couple” has, by virtue of section 119(3), the meaning given in section 29(3).

275.Subsection (3) provides that it is an offence for a person to receive a child in contravention of subsection (1) knowing that the child has been placed for the purpose of adoption.

276.In terms of subsection (4), it is an offence for a person to manage or control a body which is not a registered adoption service or a local authority and the purpose of which is or includes making arrangements for the adoption of children.

277.Under subsection (5), any person who commits an offence under this section is punishable by imprisonment for a period of up to 3 months or a fine not exceeding level 5 on the standard scale or both.

278.By virtue of subsection (6), in proceedings under subsection (4), things done or words written, spoken or published by a person managing a body making arrangements for the adoption of children is sufficient evidence of the purpose of that body. By virtue of subsection (7), it does not matter if the acts listed in subsection (6) are not carried out in the presence of a party to the proceedings.

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