The Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations come into force on 3rd January 2014. They revoke and replace the Adoption (Designation of Overseas Adoptions) Order 1973 (“the 1973 Order”). The effect of these Regulations is to specify the countries and territories whose adoption orders are classed as ‘overseas adoptions’ in terms of section 67 of the Adoption and Children (Scotland) Act 2007 (“the 2007 Act”).

Regulation 2 provides that for the purposes of these Regulations ‘law’ does not include customary or common law.

Regulation 3 provides that an adoption, other than a Convention adoption, effected under the law of a country or territory listed in the Schedule to these Regulations is specified as an ‘overseas adoption’ for the purposes of the 2007 Act.

Regulation 4 provides that the documents that may be produced as evidence that an overseas adoption has been effected are documents purporting to be a certified copy of an entry made, in accordance with the law of the country or territory concerned, in the public register of adoptions; or a certificate that the adoption has been effected, signed or purporting to be signed by a person authorised by that country or territory to sign such a certificate.

Regulation 5 revokes the 1973 Order and an amending instrument but makes savings provision in respect of any adoption that was recognised as an overseas adoption under the 1973 Order before it was revoked. Any adoption that was recognised as an overseas adoption prior to the coming into force of these Regulations continues to be recognised as such.