The Registration of Foreign Adoptions (Scotland) Regulations 2003

Citation and commencement

1.  These Regulations may be cited as the Registration of Foreign Adoptions (Scotland) Regulations 2003, and shall come into force on 1st June 2003.

Interpretation

2.  In these Regulations–

“the 1978 Act” means the Adoption (Scotland) Act 1978;

“the Adopted Children Register” has the same meaning as in section 45 of the 1978 Act(1);

“central authority” has the same meaning as in the Convention;

“the Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993(2);

“Convention adoption” means an adoption effected under the law of any country or territory outside the British Islands in which the Convention is in force, and certified in pursuance of Article 23(1) of the Convention; and

“overseas adoption” has the same meaning as in section 65(2) of the 1978 Act(3).

Form of an entry in the Adopted Children Register

3.  An entry made in the Adopted Children Register in respect of a Convention adoption or an overseas adoption shall be in the form set out in the Schedule to these Regulations.

Manner of an application for an entry in the Adopted Children Register

4.—(1) An application for an entry to be made in the Adopted Children Register in respect of a Convention adoption or an overseas adoption shall be made in the manner provided for by paragraphs (2) or (3) below as the case may be.

(2) An application under paragraph (1) above in respect of a Convention adoption shall be made in writing, and shall include where appropriate a translation of that application into English certified by the translator as a correct translation.

(3) An application under paragraph (1) above in respect of an overseas adoption shall be made in writing, and shall include where appropriate a translation of that application into English certified by the translator as a correct translation.

(4) In this regulation any application, translation or certificate may be in electronic form, and if in electronic form may be submitted by e-mail or similar means.

Persons who may apply for an entry in the Adopted Children Register

5.—(1) An application for an entry to be made in the Adopted Children Register in respect of a Convention adoption or an overseas adoption may be made only by any of the persons specified in paragraph (2) below.

(2) The persons specified for the purpose of paragraph (1) above are–

(a) in the case of a sole adoptive parent, that parent;

(b) in the case of a couple, either of the adoptive parents;

(c) in the case of an adopted person who has attained the age of 16 years, that person;

(d) in the case of an overseas adoption, where the Registrar General of Births, Deaths and Marriages for Scotland is satisfied that the application is by the Registrar General of Births, Deaths and Marriages (or equivalent officer) for the country in which the adoption order was made, that Registrar (or equivalent officer); and

(e) in the case of a Convention adoption–

(i) the Scottish central authority(4); and

(ii) the central authority for the Convention country in which the Convention adoption was made.

Particulars to be given in respect of an application

6.—(1) An application for an entry to be made in the Adopted Children Register in respect of a Convention adoption or an overseas adoption shall give the particulars specified in paragraph (2) below.

(2) The particulars specified for the purpose of paragraph (1) above are–

(a) the date of birth of the adopted child, if known;

(b) the place and country of birth of the adopted child;

(c) the sex of the adopted child;

(d) the full name or names of the adopted child, both before and after adoption;

(e) the full name or names, including any previous names, of the natural father and mother of the adopted child, to the extent known;

(f) the full name or names, including any previous names, of the adoptive father and mother, or sole adoptive parent if applicable, of the adopted child;

(g) the full address or addresses of the adoptive father and mother, or sole adoptive parent if applicable, at the date of making of–

(i) the adoption order; and

(ii) the application under regulation 5;

(h) the occupation of the adoptive father and mother, or sole adoptive parent if applicable, of the adopted child;

(i) the date of the adoption order made in respect of the adopted child; and

(j) the place and nature of the court or other competent authority which made the adoption order in respect of the adopted child.

Requirements for registration

7.—(1) An application for an entry to be made in the Adopted Children Register in respect of a Convention adoption may be made only if the person making the application provides–

(a) the Article 23 certificate made under the Convention by the central authority of the appropriate Convention country or territory in respect of the adoption, or a copy of that certificate certified as a true copy of the original by a notary public or equivalent officer; and

(b) where appropriate, a translation of that certificate into English certified by the translator as a correct translation.

(2) An application for an entry to be made in the Adopted Children Register in respect of an overseas adoption may be made only if the person making the application provides–

(a) either–

(i) a certified copy of the adoption order made in respect of the adopted child; or

(ii) a certified copy of an entry made in respect of the adopted child, in accordance with the law of the country or territory concerned, in a public register relating to the recording of adoptions, and showing that the adoption has been effected; and

(b) where appropriate, a translation of that order or entry into English certified by the translator as a correct translation.

(3) In paragraph (2)(a) above a copy is certified if it is certified as a true copy of the original order or entry by the court or other competent authority that made that order or entry.

J. N. RANDALL

Registrar General

New Register House, Edinburgh

30th January 2003

We approve

CATHY JAMIESON

A member of the Scottish Executive

St. Andrew’s House, Edinburgh

30th January 2003