20Restrictions on removal: child placed for adoption with consentS
(1)Subsection (2) applies where—
(a)an adoption agency has placed a child for adoption with persons (“prospective adopters”), and
(b)each parent or guardian of the child has, in accordance with such provision as may be made by regulations by the Scottish Ministers, consented to the placement (whether or not each parent or guardian knows the identity of the prospective adopters).
(2)A parent or guardian of the child must not remove the child from the care of the prospective adopters without the leave of—
(a)the adoption agency, or
(b)the appropriate court.
(3)A person who removes a child in contravention of this section commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
Modifications etc. (not altering text)
C1Pt. 1 Ch. 2 applied in part (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(1)
Commencement Information
I1S. 20(1) in force at 20.4.2009 for specified purposes by S.S.I. 2009/147, art. 2, Sch.
I2S. 20(1) in force at 28.9.2009 in so far as not already in force by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
I3S. 20(2)(3) in force at 28.9.2009 by S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)