Children Act 1975

1 (1) In Scotland, a child who is the subject of an adoption order shall, subject to the provisions of this Schedule, be treated in law—

(a) where the adopters are a married couple, as if he had been born as a legitimate child of the marriage (whether or not he was in fact born after the marriage was constituted);

(b) in any other case, as if he had been born as a legitimate child of the adopter (but not as a child of any actual marriage of the adopter),

and as if he were not the child of any person other than the adopters or adopter.

(2) Where an illegitimate child has been adopted by one of his natural parents as sole adoptive parent and the adopter thereafter marries the other natural parent, sub-paragraph (1) shall not affect any enactment or rule of law whereby, by virtue of the marriage, the child is rendered the legitimate child of both natural parents.

(3) Sub-paragraph (1) does not apply in determining the prohibited degrees of consanguinity and affinity in respect of the law relating to marriage or in respect of the crime of incest, except that, on the making of an adoption order, the adopter and the child shall be deemed, for all time coming, to be within the said prohibited degrees in respect of the law relating to marriage.

(4) Sub-paragraph (1) does not apply for the purposes of any provision of—

(a) the British Nationality Acts 1948 to 1965,

(b) the [1971 c. 77.] Immigration Act 1971,

(c) any instrument having effect under an enactment within paragraph (a) or (b) or

(d) any other law for the time being in force which determines citizenship of the United Kingdom and Colonies.

(5) This paragraph has effect—

(a) in the case of an adoption before 1st January 1976, from that date, and

(b) in the case of any other adoption, from the date of the adoption.

(6) Subject to the provisions of this Schedule, this paragraph applies for the construction of any enactments or instruments passed or made before or after the commencement of this Act so far as the context admits.

(7) Subject to the provisions of this Schedule, this paragraph does not affect things done or events occurring before the adoption or, where the adoption took place before 1st January 1976, before that date.