Children Act 1975

5 (1) Paragraph 1 does not affect the existing law relating to adopted persons in respect of—

(a) the succession to a deceased person (whether testate or intestate), and

(b) the disposal of property by virtue of any inter vivos deed.

(2) In section 23 of the [1964 c. 41.] Succession (Scotland) Act 1964 (adopted person to be treated for purposes of succession, etc., as child of adopter)—

(a) in subsection (3) (property devolving along with a title or honour, etc.), after " this section " there is inserted " or in the Children Act 1975 ";

(b) in subsection (5) (meaning of " adoption order "), for the words from " an order " to " Northern Ireland " there are substituted the words—

“(a) an adoption order under the Children Act 1975 ;

(b) an adoption order under the [1958 c. 5 (7 & 8 Eliz. 2).] Adoption Act 1958 or the Adoption Act 1950 or any enactment repealed by the [1950 c. 26.] Adoption Act 1950 ;

(c) an order effecting an adoption made in Northern Ireland, the Isle of Man or any of the Channel Islands ;

(d) an " overseas adoption " as defined in section 4(3) of the [1968 c. 53.] Adoption Act 1968 ; or

(e) any other adoption recognised by the law of Scotland ; (whether the order took effect before or after the commencement of this Act); ”.

(3) In section 24 of the said Act of 1964 (provisions supplementary to section 23), after subsection (1) there is inserted the following subsection—

“(1A) Where, in relation to any purpose specified in section 23(1) of this Act, any right is conferred or any obligation is imposed, whether by operation of law or under any deed coming into operation after the commencement of the Children Act 1975, by reference to the relative seniority of the members of a class of persons, then, without prejudice to any entitlement under Part I of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 of an illegitimate child who is adopted by one of his parents,

(a) any member of that class who is an adopted person shall rank as if he had been born on the date of his adoption, and

(b) if two or more members of the class are adopted persons whose dates of adoption are the same, they shall rank as between themselves in accordance with their respective times of birth.”.

(4) In section 37(1) of the said Act of 1964 (exclusion from Act of matters relating to titles, etc.), after " nothing in this Act" there is inserted " or (as respects paragraph (a) of this subsection) in the Children Act 1975 ".