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Adoption and Children (Scotland) Act 2007, Section 28 is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An adoption order is an order made by the appropriate court on an application under section 29 or 30 vesting the parental responsibilities and parental rights in relation to a child in the adopters or adopter.
(2)The court must not make an adoption order unless it considers that it would be better for the child that the order be made than not.
(3)An adoption order may contain such terms and conditions as the court thinks fit.
(4)An adoption order may be made in respect of a person aged 18 or over if the application for the order was made when the person was under 18.
(5)An adoption order may be made in respect of a child who is subject to a permanence order.
(6)An adoption order may be made even if the child to be adopted is already an adopted child.
(7)An adoption order may not be made in respect of a person who is or has been—
(a)married, or
(b)a civil partner.
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)
C2S. 28 applied (with modifications) (28.9.2009) by Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), regs. 1(1), 9(2)(a)
C3S. 28 applied (with modifications) (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 4, Sch. 3
Commencement Information
I1S. 28 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)
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