Act of Sederunt (Rules of the Court of Session 1994) 1994

Revocation or annulment of regulated adoptions

67.41.—(1) This rule applies to an application for an order under section 46(2) (revocation of regulated adoption), or section 47 (annulment etc. of regulated adoption, Convention adoption order or overseas adoption), of the Act of 1978.

(2) An application mentioned in paragraph (1) shall be made by petition.

(3) An application under section 47(1) of the Act of 1978 (annulment) shall not, except with the leave of the court, be made later than two years after the date of the regulated adoption, to which it relates.

(4) Where the adopted person is under the age of 18 years on the date of the presentation of a petition under this rule, the court shall appoint a curator ad litem with the duties mentioned in rule 67.24(2).

(5) On the court pronouncing an interlocutor making an order referred to in paragraph (1), the Deputy Principal Clerk shall–

(a) send a notice of the order to the Registrar General for Scotland specifying–

(i) the date of the adoption;

(ii) the name and address of the authority which granted the adoption;

(iii) the names of the adopter or adopters and of the adopted person as given in that petition;

(iv) the country in which the adoption was granted;

(v) the country of which the adopted person is a national; and

(vi) the country in which the adopted person was born; and

(b) where any such country is a Convention country, request the Registrar General for Scotland to inform the designated authorities of that country of the terms of the order.