(This note is not part of the Regulations)
These Regulations impose requirements with which a person who is habitually resident in the British Islands must comply before and after bringing a child who is habitually resident outside those Islands into the United Kingdom for the purpose of adoption. Failure to comply with these requirements would result in the commission of an offence under section 50A(1) of the Adoption (Scotland) Act 1978.
The prospective adopter is required to undergo assessment by an adoption agency, be approved as suitable to be an adoptive parent and have received notification from the Secretary of State that he is willing to issue a certificate confirming that the prospective adopter has been assessed and approved and that the child will be authorised to reside permanently in the British Islands if entry clearance is granted and an adoption order is made. The prospective adopter is required to notify their local authority of their intention to apply for an adoption order, or alternatively that they do not intend to give the child a home, within fourteen days after bringing the child into the United Kingdom.
The Regulations also specify the procedure to be followed by an adoption agency and adoption panel in relation to assessment and approval of a person wishing to adopt a child from overseas, and require the provision of certain information to the Scottish Ministers.