Adoption and Children (Scotland) Act 2007

Adoption and Children (Scotland) Act 2007

2007 asp 4

Commentary on Sections

Part 4 .General

Schedule 1: Registration of adoptions

385. This schedule is introduced by section 53(4) of the Act and provides for the registration of adoptions.

Registration of adoption orders

386. By virtue of paragraph 1(1), every adoption order must contain a direction to the Registrar General for Scotland to make an entry in the Adopted Children Register. The form of entry will be as prescribed by regulations made by the Registrar General with the approval of Scottish Ministers.

387. In order to satisfy the requirement at paragraph 1(1), where the precise date of the child’s birth is not known, the court is to determine the likely date of the child’s birth and this is to be specified in the adoption order as the child’s date of birth. Where the country of the child’s birth is unknown, if it appears likely that the child was born in the British Islands, the child should be regarded as having been born in Scotland. Otherwise, this information can be excluded from the adoption order and the entry in the Adopted Children Register. Where the application for the adoption order specifies any names in regard to the child, those names are to be recorded in the adoption order as the names of the child. Where the adoption order does not specify these names, the child’s original name and the surname of the applicant are to be recorded in the adoption order as the names of the child.

388. On an application for an adoption order in relation to a child, where the identity of the child can be linked to an entry in the register of births, and where the child has not previously been subject to an adoption order made by a court in Scotland, the adoption order must contain a direction to the Registrar General for Scotland to mark that entry in the register of births with the word “Adopted” (paragraph 2(2)). Where the child has previously been subject to an adoption order made by a court in Scotland, the adoption order must contain a direction to the Registrar General for Scotland to mark the relevant entry in the register of births with the word “Re-adopted” (paragraph 3).

389. Where an adoption order is made, it is the responsibility of the clerk of the court which made the order to communicate the order to the Registrar General for Scotland. The Registrar General for Scotland must secure that the direction contained in the order is complied with as soon as is reasonably practicable (paragraph 4).

Registration of adoptions in England, Northern Ireland, the Isle of Man and the Channel Islands

390. Under paragraph 5, when the Registrar General for Scotland is notified of an adoption order made in respect of a child who matches an entry in the register of births in Scotland in a part of the British Islands other than Scotland, and there is no entry for the child in the Adopted Children Register, the Registrar General for Scotland must mark the relevant entry with the word “Adopted” followed by the name of the part of the British Islands in which the adoption order was made in brackets. Where there is an entry for the child in the Adopted Children Register, the Registrar General for Scotland must mark the entry in the register of births with the word “Re-adopted” followed by the name of the part of the British Islands in which the adoption order was made in brackets.

391. Where the Registrar General for Scotland is notified that any such adoption order no longer stands, the Registrar must ensure that the marking is cancelled.

392. Where such an adoption order is cancelled, an extract of the entry is not accurate unless both the marking and the cancellation are omitted.

Registration of other adoptions

393. Under paragraph 6, where a child is adopted under a registrable foreign adoption (by which is meant a Convention order or an overseas adoption), the Registrar General for Scotland must make an entry in the Adopted Children Register if there is enough information to allow this.

394. Where such an adoption takes place, and there is enough information to allow it, the Registrar General for Scotland must make an entry in the register of births showing “Adopted” or “Re-adopted” as the case may be, followed by the name of the part of the British Islands in which the adoption order was made in brackets.

395. An application under paragraph 6 must be made in the prescribed manner and any entry in the Adopted Children Register must be made in the prescribed manner, as made by the Registrar General for Scotland with the approval of the Scottish Ministers.

Amendment of orders and rectification of registers

396. By virtue of paragraph 7, on the application of an adopter or adopted person, a court which made an adoption order can amend the order by correcting any errors it contains.

397. Within one year of the adoption order being made, on application by an adopter or adopted person, a court can amend the adoption order to include any new name which has been given to the adopted person or taken by the adopted person.

398. The court which made the adoption order, may, on application by an adopter or adopted person, revoke a direction for the marking of an entry in the register of births or the Adopted Children Register if the court is satisfied that the direction was wrongly included.

399. Where an adoption order is amended, the clerk of the court must ensure that the amendment is communicated to the Registrar General for Scotland.

400. The Registrar General for Scotland must ensure that the relevant entries are amended or cancelled, as the case may be.

401. Where an adoption order is cancelled or quashed or otherwise falls, the court must direct the Registrar General for Scotland to cancel any relevant entry in the Adopted Children Register or the register of births.

402. Where an adoption order has been amended, any extract issued in accordance with section 54 (searches and extracts) must be a copy of the entry as amended without any note or marking relating to the amendment or any matter cancelled in relation to the order.

403. Where the marking of an entry is cancelled, an extract of the entry is not to be treated as accurate unless both the marking and the cancellation are excluded.

404. Where the Registrar General for Scotland has enough information to do so, any entry in the Adopted Children Register or register of births can be cancelled or amended in relation to a registrable foreign adoption (by which is meant a Convention order or an overseas adoption). Where such an entry is amended, an extract of the entry is not accurate unless it shows the entry as amended, but without indicating that it has been amended.

Marking of entries on re-registration of birth

405. Under paragraph 8, where an entry in the register of births has been marked in accordance with this schedule and the birth is re-registered, the entry on re-registration must be marked in the same way.