There are outstanding changes not yet made by the legislation.gov.uk editorial team to Act of Sederunt (Rules of the Court of Session 1994) 1994. Any changes that have already been made by the team appear in the content and are referenced with annotations.
67.1.—(1) This Chapter applies to applications under the Adoption (Scotland) Act 1978(1).
(2) In this Chapter, unless the context otherwise requires–
“the Act of 1978” means the Adoption (Scotland) Act 1978;
[F1“the Act of 1995” means the Children (Scotland) Act 1995;]
[F2“the Act of 2002” means the Adoption and Children Act 2002;]
“freeing for adoption order” means an order made in accordance with section 18(1) of that Act;
“Her Majesty’s Forces” means the Royal Navy, the regular armed forces as defined in section 225 of the Army Act 1955(2), the regular air force as defined in section 223 of the Air Force Act 1955(3) and the Queen Alexandra’s Royal Naval Nursing Services;
[F3“parental responsibilities” has the meaning given by section 1(3) of the Act of 1995;
“parental rights” has the meaning given by section 2(4) of that Act;]
“section 49 order” means an order made in accordance withsection 49(1) of the Act of 1978(4).
Textual Amendments
F1Words in Sch. 2 rule 67.1(2) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(2)(a) (with para. 4)
F2Words in Sch. 2 rule 67.1 inserted (29.1.2007) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(11)
F3Words in Sch. 2 rule 67.1(2) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(2)(b) (with para. 4)
Commencement Information
I1Sch. 2 rule 67.1 in force at 5.9.1994, see para. 1(1)
67.2. Unless otherwise provided in this Chapter, the following rules shall not apply to a petition or note to which this Chapter applies:–
rule 14.5 (first order in petitions),
rule 14.6(1)(d) (period of notice for lodging answers where service by advertisement),
rule 14.7 (intimation and service of petitions),
rule 14.8 (procedure where answers lodged),
rule 14.9 (unopposed petitions).
Commencement Information
I2Sch. 2 rule 67.2 in force at 5.9.1994, see para. 1(1)
67.3. Unless the court otherwise directs, in any cause to which this Chapter applies–
(a)any document lodged in process, including a report by a local authority, an adoption agency, a reporting officer or a curator ad litem, shall be treated as confidential and open only to the court, the parties, the reporting officer and the curator ad litem; and
(b)a reporting officer or curator ad litem shall treat any information obtained by him in relation to the cause as confidential, and shall not disclose any such information to any person unless it is necessary for the proper execution of his duties.
Commencement Information
I3Sch. 2 rule 67.3 in force at 5.9.1994, see para. 1(1)
67.4. Where the court appoints a reporting officer or a curator ad litem and there is an established panel of persons from whom the appointment may be made, the reporting officer or curator ad litem shall be selected from that panel unless the court considers that it would be appropriate to appoint a person who is not on the panel.]
Textual Amendments
F4Sch. 2 rule 67.4 substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(3) (with para. 4)
67.4A—(1) A timetable shall be drawn up forthwith under section 25A of the Act of 1978 by the court when any of the following occurs–
(a)there is presented to it a petition with a crave for any agreement of the parent or guardian of a child to be dispensed with on a ground specified in section 16(2) of that Act;
(b)it appears to the court, from the report of an adoption agency, local authority or reporting officer that the question of dispensing with such agreement on a ground so specified arises; or
(c)such agreement (being agreement which, if not given, it would be competent to dispense with on a ground so specified) is given but is afterwards withdrawn.
(2) To ensure, so far as is reasonably practicable, that the timetable is adhered to, the court shall give such directions as it considers appropriate.]
Textual Amendments
67.5.—(1) An agreement by a parent or guardian–
(a)for the purposes of section 16(1)(b) of the Act of 1978 (agreement to adoption), shall be in form 67.5–A [F6unless the applicant for the adoption order is such person as is mentioned in section 15(1)(aa) of that Act, in which case it shall be in Form 67.5-F];
(b)for the purposes of section 16(1)(b), by virtue of section 49(5) of that Act (adoption of child abroad), shall be in Form 67.5–A; or
(c)for the purposes of section 18(1)(a) of that Act (agreement to freeing for adoption), shall be in form 67.5–B.
(2) A consent–
(a)by a child for the purposes of section 12(8) of the Act of 1978(6) (consent to adoption), shall be in Form 67.5–C;
(b)by a parent or guardian for the purposes of section 18(2)(a) of that Act (consent to application for freeing for adoption), shall be in Form 67.5–D; or
(c)by a child for the purposes of section 18(8) of that Act(7) (consent to freeing for adoption), shall be inForm 67.5–E.
(3) An agreement or consent referred to in this rule which is executed furth of Scotland shall be witnessed–
(a)where it is executed in England, Wales or Northern Ireland, by a justice of the peace or commissioner for oaths;
(b)where it is executed furth of the United Kingdom–
(i)in the case of a parent or guardian serving in Her Majesty’s Forces, by an officer holding a commission in those forces; or
(ii)by a British consular official or any person authorised, by the law of the country where the agreement or consent is executed, to administer an oath for any legal purpose.
Textual Amendments
F6Words in Sch. 2 rule 67.5(1)(a) added (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(5) (with para. 4)
Commencement Information
I4Sch. 2 rule 67.5 in force at 5.9.1994, see para. 1(1)
67.5A. In a cause to which this Chapter applies, the court shall not grant an adoption order or grant or revoke an order freeing a child for adoption–
(a)where the child has indicated to the court, or to his curator ad litem if one has been appointed under this Chapter, a wish to express views on a matter affecting the child unless–
(i)an opportunity has been given for those views to be obtained or heard (the court ordering such steps to be taken in that regard as it considers appropriate); and
(ii)due weight has been given by the court to such views as the child does express (account being taken of his age and maturity); and
(b)where a report has been received in relation to the child by virtue of section 73(13) of the Act of 1995 (report of children’s hearing where child subject to supervision requirement), unless the court has first considered the report.]
Textual Amendments
67.6.—(1) In a cause to which this Chapter applies, the court may, before determining the cause, order–
(a)production of further documents (including affidavits); or
(b)parole evidence.
(2) A party may apply by motion for the evidence of a person to be received in evidence by affidavit; and the court may make such order as it thinks fit.
Commencement Information
I5Sch. 2 rule 67.6 in force at 5.9.1994, see para. 1(1)
67.6A. Where, under subsection (1) of section 54 of the Act of 1995 (question arising as to whether compulsory measures of supervision are necessary) a matter is referred to the Principal Reporter, the clerk of court shall give him written intimation of the court’s decision, which shall include a certified copy of the interlocutor, and shall specify in the intimation which of the conditions referred to in that subsection it appears to the court has been satisfied.]
Textual Amendments
67.7. In a cause to which this Chapter applies, the court may make such order as to expenses, including the expenses of a local authority or an adoption agency which prepared a report, a reporting officer, a curator ad litem, or any other person who attended a hearing, as it thinks fit.
Commencement Information
I6Sch. 2 rule 67.7 in force at 5.9.1994, see para. 1(1)
67.8. In this Part, “petition” means the petition referred to in rule 67.9(1).
Commencement Information
I7Sch. 2 rule 67.8 in force at 5.9.1994, see para. 1(1)
67.9.—(1) An application under section 18(1) of the Act of 1978 (freeing child for adoption) shall be made by petition.
(2) The petition shall include averments in relation to, or refer to a report or other documents produced which deal with–
(a)whether the petition is presented with the consent of a parent or guardian;
(b)whether the petitioner is applying for dispensation with the agreement of a parent or guardian under section 18(2)(b) of the Act of 1978 (agreement to freeing for adoption) and the ground on which dispensation is sought;
(c)how the needs of the child came to the notice of the petitioner;
(d)any relevant family circumstances of the child;
(e)a description of the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;
(f)the discussion by the petitioner with the parents or guardians of the child and, if appropriate, with the child about their wishes and the alternatives to adoption;
(g)the knowledge of the petitioner of the position of other relatives or persons likely to be involved;
(h)the search by the petitioner for any parent or guardian who cannot be found;
(i)the likelihood of placement of the child for adoption and whether a petition for an adoption order is likely in the near future;
(j)the arrangements of the petitioner for the care of the child in the event of the granting of the prayer of the petition;
(k)whether the petitioner has given each parent or guardian who can be found an opportunity to make a declaration for the purposes of section 18(6) of the Act of 1978(8) (declaration of preference not to be involved in future questions concerning the adoption);
[F9(l)whether the petitioner has considered the position of any person claiming to be the child’s father (being a person who is not married to the mother); and
(m)whether the petitioner intends to give notice to a relevant parent under section 19(2) and (3) of that Act (progress reports).]
(3) On presentation of the petition, there shall be lodged in process as a production–
(a)an extract or a certified copy of any entry in the register of births relating to the child; and
(b)any consent of a parent or guardian required by section 18(2)(a) of the Act of 1978 (consent to freeing for adoption).
Textual Amendments
F9Sch. 2 rules 67.9(2)(l)(m) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(8) (with para. 4)
Commencement Information
I8Sch. 2 rule 67.9 in force at 5.9.1994, see para. 1(1)
67.10.—(1) On presentation of the petition, the court shall pronounce an interlocutor–
(a)appointing a reporting officer; and
(b)appointing a curator ad litem where it appears desirable in order to safeguard the interests of the child.
(2) Where a curator ad litem is appointed, the court may order–
(a)the petitioner,
(b)a local authority, or
(c)the reporting officer,
to make available to the curator ad litem any report or information in relation to the child and the natural father and mother of the child.
(3) A person may, before presenting the petition, apply by letter to the Deputy Principal Clerk for the appointment of a reporting officer.
(4) An application under paragraph (3) shall–
(a)set out the reasons for which the appointment is sought;
(b)not require to be intimated to any person;
(c)be accompanied by an interlocutor sheet; and
(d)be placed by the Deputy Principal Clerk before the Lord Ordinary for his decision.
(5) The Deputy Principal Clerk shall give written intimation to the applicant under paragraph (3) of the decision of the Lord Ordinary.
(6) The decision of the Lord Ordinary on an application under paragraph (3) shall be final and not subject to review.
(7) The letter and the interlocutor sheet in an application under paragraph (3) shall be kept in the Petition Department and subsequently placed in the process of the petition.
Commencement Information
I9Sch. 2 rule 67.10 in force at 5.9.1994, see para. 1(1)
67.11.—(1) A reporting officer appointed under rule 67.10 shall–
(a)inquire into the facts and circumstances averred in the petition;
(b)ascertain the whereabouts of each parent or guardian and, if practicable, meet him;
(c)witness any execution in Scotland of any agreement in Form 67.5–B by a parent or guardian under section 18(1)(a) of the Act of 1978 (agreement to freeing for adoption) and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved and, where the reporting officer has been appointed before the petition has been presented, any consent in Form 67.5–D by a parent or guardian under section 18(2)(a) of that Act (consent to freeing for adoption);
(d)where a parent or guardian is furth of Scotland, confirm his views in writing, ensure that any agreement under section 18(1) of the Act of 1978 is witnessed in accordance with rule 67.5(3) and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;
(e)ensure that each parent or guardian who can be found and who has executed an agreement for the purposes of section 18(1)(a) of the Act of 1978 understands that he may renounce that agreement at any time before a freeing for adoption order is made;
(f)witness any execution in Scotland of a consent of child in Form 67.5–E under section 18(8) of the Act of 1978 (consent to freeing for adoption) and ensure that he understands the consequences of that consent;
(g)where a child in respect of whom a consent under section 18(8) of the Act of 1978 is required is furth of Scotland confirm his consent in writing and ensure that the consent is witnessed in accordance with rule 67.5(3);
(h)consider whether the petitioner has made every reasonable effort to find every person whose agreement is required;
(i)investigate whether there are any other persons with a relevant interest and whether they should be informed of the petition;
[F10(j)ascertain whether the petitioner has considered the position of any person claiming to be the child’s father (being a person who is not married to the mother);
(k)where such a person so claiming does not have parental responsibilities or parental rights in relation to the child, ascertain the likelihood of that person–
(i)applying for an order under section 11(1) of the Act of 1995 (orders relating to parental responsibilities etc.);
(ii)being refused such an order if he does so apply; or
(iii)entering into an agreement with the mother under section 4(1) of that Act (natural father’s acquisition of parental responsibilities etc. by agreement);]
(l)discuss alternatives to adoption with each parent or guardian who can be found;
(m)explain the consequences of a freeing for adoption order to each parent or guardian who can be found;
(n)ensure that each parent or guardian who can be found understands he may be able to apply under section 20 of the Act of 1978(9) and rule 67.14 for revocation of a freeing for adoption order, and the procedure for making such an application;
(o)ensure that each parent or guardian who can be found has been given an opportunity to make a declaration under section 18(6) of the Act of 1978 that he prefers not to be involved in future questions concerning the adoption of the child;
(p)consider why the application is for a freeing for adoption order and not a full adoption order;
(q)consider whether the account by the petitioner of the likelihood of arranging adoption after a freeing for adoption order is correct;
(r)consider whether any payment or reward prohibited by section 51 of the Act of 1978 (prohibition on certain payments) has been received or agreed upon;
(s)ensure that each parent or guardian who can be found is aware of the date (if known) of the hearing to determine the application if he wishes to appear, and confirm that such person whose agreement is required and has not been dispensed with understands that he may withdraw his agreement at any time before the freeing for adoption order is made;
[F11(ss)ascertain whether the child is subject to a supervision requirement;]
(t)draw to the attention of the court any matter which may be of assistance; and
(u)prepare a report in relation to the exercise of his duties within such period as the court may specify.
(2) A curator ad litem appointed under rule 67.10(1)(b) shall–
(a)safeguard generally the interests of the child;
(b)inquire, so far as he considers necessary, into the facts and circumstances averred in the petition;
[F12(bb)ascertain from the child whether he wishes to express any views as respects the petition;
(bc)ascertain whether it would be better for the child that an order were made under section 18(1) of the Act of 1978( than that it were not made]
(c)confirm any consent by a child under section 18(8) of the Act of 1978 (consent to freeing for adoption);
(d)inquire into any matters not averred in the petition which appear to him to be relevant to the making of a freeing for adoption order;
(e)ascertain the current circumstances and care of the child;
(f)where the agreement or consent of a parent or guardian or the consent of a child is sought to be dispensed with, consider whether the ground of dispensation has been made out;
(g)consider whether, in his opinion, the child should be present at the hearing to determine the petition;
(h)perform such other duties as appear to him to be necessary or as the court may require;
[F13(hh)in performing his duties under this paragraph, regard the need to safeguard and promote the welfare of the child throughout the child’s life as the paramount consideration;] and
(i)prepare a report in relation to the exercise of his duties within such period as the court may specify.
(3) The reporting officer shall, on completion of his report, send to the Deputy Principal Clerk–
(a)the report and a copy of it for each party;
(b)any agreement for the purposes of section 18(1)(a) of the Act of 1978 (agreement of parent or guardian to freeing for adoption);
(c)any declaration for the purposes of section 18(6) of the Act of 1978 (declaration of preference not to be involved in future questions concerning adoption); and
(d)any consent under section 18(8) of the Act of 1978 (consent of child to freeing for adoption).
(4) The curator ad litem shall, on completion of his report, send the report, and a copy of it for each party, to the Deputy Principal Clerk.
Textual Amendments
F10Sch. 2 rule 67.11(1)(j)(k) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(9)(a) (with para. 4)
F11Sch. 2 rule 67.11(1)(ss) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(9)(b) (with para. 4)
F12Sch. 2 rule 67.11(2)(bb)(bc) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(10)(a) (with para. 4)
F13Sch. 2 rule 67.11(2)(hh) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(10)(b) (with para. 4)
Commencement Information
I10Sch. 2 rule 67.11 in force at 5.9.1994, see para. 1(1)
67.12.—(1) A declaration under section 18(6) or 19(4) of the Act of 1978 (declaration of preference not to be involved in future questions concerning adoption) shall be in Form [F1467.12-A; and any withdrawal of either such declaration shall be in Form 67.12-B.].
(2) A declaration referred to in paragraph (1) which is executed furth of Scotland shall be witnessed in accordance with rule 67.5(3).
(3) The making of a declaration referred to in paragraph (1) shall be recorded in an interlocutor pronounced by the court.
(4) For the purposes of section 19(4)(a) of the Act of 1978, the adoption agency shall–
(a)lodge the declaration, and
(b)apply to the court by motion,
in the process of the petition to which the declaration relates to have that declaration recorded.
[F15(5) Where a withdrawal such as is referred to in paragraph (1) is lodged, it shall be recorded in an interlocutor pronounced by the court and then intimated forthwith to the adoption agency by the clerk of court.]
Textual Amendments
F14Words in Sch. 2 rule 67.12(1) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(11)(a) (with para. 4)
F15Sch. 2 rule 67.12(5) added (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(11)(b) (with para. 4)
Commencement Information
I11Sch. 2 rule 67.12 in force at 5.9.1994, see para. 1(1)
67.13.—(1) On receipt of the reports mentioned in rule 67.11(3) and (4), the Deputy Principal Clerk shall–
(a)cause the reports and any other documents to be lodged in process;
(b)give written intimation to each party of the lodging of those documents and make them available to each party; and
(c)within 7 days thereafter, cause–
(i)the petition to be put out on the By Order Roll before the Lord Ordinary; and
(ii)written intimation of the date of the hearing on the By Order Roll to be given to each party.
(2) At the hearing on the By Order Roll, the court–
(a)shall pronounce an interlocutor appointing the petition to a hearing to determine the petition; and
(b)may, in such interlocutor–
(i)order any person whose agreement or consent is required to be given or dispensed with to attend the hearing;
(ii)order intimation of the date of the hearing to any person not mentioned in paragraph [F16(3)(a), (aa), (b) or (c)]; and
(iii)order the reporting officer or curator ad litem, as the case may be, to perform any additional duties to assist the court in determining the petition.
(3) The petitioner shall intimate the date of the hearing ordered under paragraph (2)(a) in Form 67.13 to–
(a)every person whose whereabouts are known to him and whose agreement or consent is required to be given or dispensed with;
[F17(aa)where the child’s mother is not married to his father, any person whose whereabouts are so known and who, being a person who claims to be the child’s father, is neither the child’s guardian nor a person with regard to whom an order in relation to parental responsibilities as respects the child has been made under section 11(1) of the Act of 1995;]
(b)the reporting officer appointed under rule 67.10(1)(a);
(c)any curator ad litem appointed under rule 67.10(1)(b); and
(d)any person on whom intimation was ordered under paragraph (2)(b)(ii) of this rule.
(4) At the hearing ordered under paragraph (2)(a)–
(a)the petitioner, the reporting officer and, where one has been appointed, the curator ad litem shall, if required by the court, appear and may be represented;
(b)any person required by the court to attend the hearing shall appear and may be represented; and
(c)any other person to whom intimation was made under paragraph [F18(3)(a), (aa) or (d)] may appear or be represented.
Textual Amendments
F16Words in Sch. 2 rule 67.13(2)(b)(ii) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(12)(a) (with para. 4)
F17Sch. 2 rule 67.13(3)(aa) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(12)(b) (with para. 4)
F18Words in Sch. 2 rule 67.13(4)(c) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(12)(c) (with para. 4)
Commencement Information
I12Sch. 2 rule 67.13 in force at 5.9.1994, see para. 1(1)
67.13A. Where on making an order under section 18 of the Act of 1978 in relation to a child who is subject to a supervision requirement the court makes a determination under subsection (9) of that section( (that is to say, a determination that the child shall forthwith cease to be subject to that requirement), the clerk of court shall intimate the determination to the Principal Reporter.]
Textual Amendments
67.14.—(1) An application under [F20section 20(1) or (1A)] of the Act of 1978 (application for revocation of freeing for adoption order) shall be made by note.
(2) On presentation of a note under paragraph (1), the court shall pronounce an interlocutor–
(a)ordering service of the note on–
(i)the [F21relevant parent if the application is under section 20(1A)];
(ii)any person who appeared or was represented at the hearing for the freeing for adoption order except a parent or guardian who has made a declaration under section 18(6) or 19(4) of the Act of 1978 (declaration of preference not to be involved in future questions concerning adoption); and
[F22(iii)the adoption agency (or any substitute adoption agency) having the parental responsibilities and parental rights in relation to the child if the application is under section 20(1);]
(b)where it appears desirable in order to safeguard the interests of the child, appointing a curator ad litem.
(3) A note under paragraph (1) shall not be intimated on the walls of the court or advertised.
(4) Where a curator ad litem is appointed under paragraph (2)(b), the court may order–
(a)the adoption agency,
(b)a local authority, or
(c)the reporting officer appointed in the petition,
to make available to the curator ad litem any report or information in relation to the child and the natural father and mother of the child.
(5) A curator ad litem appointed under paragraph (2)(b) shall–
(a)inquire into the facts and circumstances averred in the note;
[F23(aa)ascertain from the child whether he wishes to express any views as respects the application;]
(b)ascertain whether 12 months have elapsed between the making of the freeing for adoption order and the date of presentation of the note;
[F24(c)where the application is under–
(i)subsection (1) of section 20 of the Act of 1978 and a previous application under that subsection was refused; or
(ii)subsection (1A) of that section and a previous application under that subsection was refused,
inquire whether there has been any change of circumstances, or there is any other reason for the current application, of which the court should be aware in determining the note; and
(iii)after sub-paragraph (f) (and before the word “and” which immediately follows that sub-paragraph) insert–
“(ff)in performing his duties under this paragraph, regard the need to safeguard and promote the welfare of the child throughout the child’s life as the paramount consideration;”.]
(d)inquire into any other matter which appears to him to be relevant for determination of the note;
(e)consider whether, in his opinion, the child should be present at the hearing to determine the note;
(f)perform such other duties as appear to him to be necessary or as the court may require; and
(g)prepare a report in relation to the exercise of his duties within such period as the court may specify.
(6) The curator ad litem shall, on completion of his report, send the report, and a copy of it for each party, to the Deputy Principal Clerk.
Textual Amendments
F20Words in Sch. 2 rule 67.14(1) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(14)(a) (with para. 4)
F21Words in Sch. 2 rule 67.14(2)(a)(i) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(14)(b)(i) (with para. 4)
F22Sch. 2 rule 67.14(2)(a)(iii) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(14)(b)(ii) (with para. 4)
F23Sch. 2 rule 67.14(5)(aa) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(14)(c)(i) (with para. 4)
F24Sch. 2 rule 67.14(5)(c) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(14)(c)(ii) (with para. 4)
Commencement Information
I13Sch. 2 rule 67.14 in force at 5.9.1994, see para. 1(1)
67.15.—(1) Where no curator ad litem has been appointed under rule 67.14(2)(b), the noter shall, within 7 days after the expiry of the period of notice for lodging answers, apply by motion for a hearing to determine the note.
(2) Where a curator ad litem has been appointed under rule 67.14(2)(b)–
(a)the Deputy Principal Clerk shall–
(i)cause the report sent to him under rule 67.14(5) to be lodged in process; and
(ii)give written intimation of the lodging of the report to the noter and any person on whom service was executed by virtue of rule 67.14(2)(a) and make that report available to them; and
(b)within 7 days after receipt of the intimation under sub-paragraph (a)(ii), the noter shall apply by motion for a hearing to determine the note.
(3) Where a noter has previously made an application under section 20(1) of the Act of 1978 (application for revocation of freeing for adoption order) which has been refused by any court, he shall, in his motion under paragraph (1) or (2), seek leave under section 20(5) of that Act to allow the note to proceed.
(4) On a date being fixed for a hearing to determine the note, the noter shall intimate the date of the hearing in Form 67.15 to any person to whom intimation was given by virtue of rule 67.14(2).
(5) At the hearing to determine the note, the noter and any person who received intimation under paragraph (4) shall appear and may be represented.
Commencement Information
I14Sch. 2 rule 67.15 in force at 5.9.1994, see para. 1(1)
67.15A. The court, on revoking an order freeing a child for adoption shall, by order under section 11(1) of the Act of 1995, specify on whom are to be imposed the parental responsibilities, and to whom are to be given the parental rights, in relation to the child; and the clerk of court shall give written intimation accordingly to any person so specified.]
Textual Amendments
67.16. An application under section 20(2) of the Act of 1978 (application by adoption agency for leave to place a child) shall be made by motion.
Commencement Information
I15Sch. 2 rule 67.16 in force at 5.9.1994, see para. 1(1)
67.17. An application under section 21 of the Act of 1978 (variation of order under section 18 of that Act so as to substitute one adoption agency for another) shall be made by note.]
Textual Amendments
F26Sch. 2 rule 67.17 substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(16) (with para. 4)
67.18. An application under section 29 of the Act of 1978(10) (order to return a child to, or not to remove a child from, the care of the applicant)–
(a)in relation to a breach of section [F2727(1)] of the Act of 1978(11) (restrictions on removal of child where application for freeing for adoption order pending), an application under section 29 of that Act, or
(b)an application for leave under section [F2827(1)] of that Act (leave to remove a child where application for freeing for adoption order pending),
shall be made by note.
Textual Amendments
F27Word in Sch. 2 rule 67.18(a) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(17) (with para. 4)
F28Word in Sch. 2 rule 67.18(b) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(17) (with para. 4)
Commencement Information
I16Sch. 2 rule 67.18 in force at 5.9.1994, see para. 1(1)
67.19. In this Part, unless the context otherwise requires, “the petition” means the petition referred to in rule 67.22(1).
Commencement Information
I17Sch. 2 rule 67.19 in force at 5.9.1994, see para. 1(1)
67.20.—(1) Where a person, who seeks to apply for an adoption order, wishes to prevent his identity being disclosed to any person whose agreement is required under section 16(1)(b) of the Act of 1978 (agreement of parent or guardian to adoption), he may, before presenting a petition, apply by letter to the Deputy Principal Clerk for a serial number to be assigned to him.
(2) On receipt of such a letter, the Deputy Principal Clerk shall assign a serial number to the applicant and shall enter a note of it opposite the name of the applicant in a register of serial numbers.
(3) Where a serial number has been assigned under paragraph (2)–
(a)the record of the serial number and the person to whom it applies shall be treated as confidential and disclosed only to the court;
(b)any agreement under section 16(1)(b) of the Act of 1978 shall not name or design the petitioner but shall refer to him by means of the serial number; and
(c)it shall be used to name or design the petitioner for all purposes connected with the petition.
Commencement Information
I18Sch. 2 rule 67.20 in force at 5.9.1994, see para. 1(1)
67.21.—(1) A report by a local authority under section 22(2), or by an adoption agency under section 23, of the Act of 1978 shall include the following matters:–
(a)information about how the needs of the child came to the notice of the local authority or the adoption agency;
(b)the family circumstances of the child;
(c)where the child was placed for adoption by an adoption agency, a description of the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;
(d)where the child is not subject to a freeing for adoption order, an account of the discussion with the parents or guardians of the child about their wishes and the alternatives to adoption;
(e)where appropriate, an account of the discussion with the child about his wishes and, if the child is of or over the age of 12 years, his capability to decide to consent to the making of the adoption order;
(f)the position of other relatives or persons likely to be involved;
(g)an account of the search for a parent or guardian who cannot be found;
(h)information about the mutual suitability of the petitioner and the child for the relationship created by adoptiofi n and the ability of the petitioner to bring up the child including an assessment of the personality of the petitioner and, where appropriate, that of the child;
(i)particulars of all members of the household of the petitioner and their relationship to the petitioner;
(j)a description of the accommodation in the home of the petitioner;
(k)where a sole petitioner is married, why the other spouse has not joined in the petition;
(l)whether the petitioner understands the nature and effect of an adoption order and in particular that the order, if made, will make the petitioner responsible for the maintenance and upbringing of the child;
(m)whether the means and standing of the petitioner are such as to enable him to maintain and bring up the child suitably;
(n)what right or interest in property the child has;
(o)whether any payment or reward prohibited by section 51 of the Act of 1978 (prohibition on certain payments)F29... has been received or agreed upon;
(p)whether the life of the child has been insured and for what sum;
[F30(q)information about the religious persuasion (if any), racial origin and cultural and linguistic background both of the child and of the petitioner;]
(r)considerations arising from the difference in age between the petitioner and the child if this is more or less than the normal difference in age between parents and children;
(s)whether adoption is likely to safeguard and promote the welfare of the child throughout its [F31life];
[F32(ss)whether arrangements for the adoption of the child have been made in contravention of section 11 of the Act of 1978 or the child has been placed for adoption in contravention of that section;] F33...
[F34(t)whether the child is subject to a supervision requirement and, if so, what steps have been taken to comply with subsections (4)(c), (5), and (13) of section 73 (duration and review of supervision requirement) of the Act of 1995;
(u)where paragraph (1A) applies, the information mentioned in paragraph (1B); and
(v)any other information which may be of assistance to the court.]
[F35(1A) This paragraph applies where–
(a)the child was placed for adoption under section 19(1) (placement with parental consent: England and Wales) of the Act of 2002;
(b)the child was placed for adoption under a placement order made under section 21(1) (placement orders: England and Wales) of the Act of 2002; or
(c)each parent or guardian has consented under section 20(1) (advance consent to adoption: England and Wales) of the Act of 2002 to the making of a future adoption order.
(1B) Where paragraph (1A) applies, the report mentioned in paragraph (1) shall also include any available information about whether–
(a)any placement order has been revoked;
(b)any of the consents referred to in section 16(3D) (consents to placement: England and Wales) of the Act of 1978 have at any time been withdrawn;
(c)a parent or guardian of the child wishes to seek leave to oppose the petition; and
(d)there has been a change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 21(1) (placement orders: England and Wales) of the Act of 2002 was made.]
(2) On completion of the report referred to in paragraph (1), the local authority or the adoption agency, as the case may be, shall send the report, and a copy of it for each party, to the Deputy Principal Clerk.
(3) On receipt of the report referred to in paragraph (2), the Deputy Principal Clerk shall–
(a)where the petition has been presented, cause the report to be lodged in process; and
(b)where the petition has not yet been presented, cause the report to be retained in the Petition Department for lodging in process when the petition is presented.
Textual Amendments
F29Words in Sch. 2 rule 67.21(1)(o) omitted (1.4.1997) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(18)(a) (with para. 4)
F30Sch. 2 rule 67.21(1)(q) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(18)(b) (with para. 4)
F31Word in Sch. 2 rule 67.21(1)(s) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(18)(c) (with para. 4)
F32Sch. 2 rule 67.21(1)(ss) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(18)(d) (with para. 4)
F33Word in Sch. 2 rule 67.21(1)(ss) omitted (29.1.2007) by virtue of Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(12)(a)
F34Sch. 2 rule 67.21(1)(t)-(v) substituted for Sch. 2 rule 67.21(1)(t) (29.1.2007) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(12)(b)
F35Sch. 2 rule 67.21(1A)(1B) inserted (29.1.2007) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(12)(c)
Commencement Information
I19Sch. 2 rule 67.21 in force at 5.9.1994, see para. 1(1)
67.22.—(1) An application for an adoption order shall be made by petition in Form 67.22.
(2) On presentation of the petition, there shall be lodged in process as productions–
(a)an extract or a certified copy of any entry in the register of births relating to the birth of the child;
(b)an extract or a certified copy of any entry in the register of births relating to the birth of the petitioner;
(c)where the petition is by a married couple, an extract or a certified copy of the entry in the register of marriages relating to their marriage;
(d)where the child was not placed for adoption with the applicant by an adoption agency, a medical report showing the physical and mental health of the child (including any special needs) and his emotional, behavioural and educational development;
(e)a medical certificate of the health of the petitioner except where the petitioner is a parent of the child; F36...
(f)where the child has been freed for adoption, a certified copy of the interlocutor granting the freeing for adoption order in respect of that child [F37; and
(g)where appropriate, the consent under section 19(1) (placing children with parental consent: England and Wales) of the Act of 2002 of each parent or guardian to the child being placed for adoption in the form prescribed under section 52(7) of that Act;
(h)where appropriate, the consent under section 20(1) (advance consent to adoption: England and Wales) of the Act of 2002 of each parent or guardian to the making of a future adoption order, in the form prescribed under section 52(7) of that Act;
(i)any notice given under section 20(4) (notice that information about application for adoption order not required: England and Wales) of the Act of 2002 by a parent or guardian of the child to an adoption agency;
(j)a certified copy of any placement order made under section 21(1) (placement orders: England and Wales) of the Act of 2002; and]
[F38(3) If any of the documents required to be lodged in process under paragraph (2)(g), (h), (i) or (j) is unavailable to be lodged by reason of its being in the possession of an adoption agency, the court shall pronounce an interlocutor requiring the agency to lodge the document within four weeks.]
Textual Amendments
F36Word in Sch. 2 rule 67.22(2)(e) omitted (29.1.2007) by virtue of Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(13)(a)(i)
F37Sch. 2 rule 67.22(2)(g)-(j) and word inserted (29.1.2007) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(13)(a)(ii)
F38Sch. 2 rule 67.22(3) inserted (29.1.2007) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(13)(b)
Commencement Information
I20Sch. 2 rule 67.22 in force at 5.9.1994, see para. 1(1)
67.23.—(1) On the presentation of the petition, the court shall pronounce an interlocutor–
(a)requiring the petitioner to serve a notice in Form 67.23–
(i)where the child has been placed for adoption, on the adoption agency which placed the child; and
(ii)where the child has not been placed for adoption, on the local authority within whose area the petitioner has his home;
(b)appointing a reporting officer F39...; and
(c)appointing a curator ad litem where it appears desirable in order to safeguard the interests of the child.
[F40(1A) The court shall not appoint a reporting officer where either or both of the following paragraphs applies:–
(a)the child is free for adoption and is under the age of 12 years;
(b)the petition is founded on one or other or both of section 16(1)(aa) (advance consent to adoption: England and Wales) and section 16(1)(ab) (placement of child: England and Wales) of the Act of 1978,
but, for the avoidance of doubt, a reporting officer shall be appointed in any case in which the petition is founded on section 16(1)(b) of the Act, whether or not it is also founded on section 16(1)(aa) or (ab) of the Act of 1978.]
(2) Where a curator ad litem is appointed under paragraph (1), the court may order–
(a)the adoption agency,
(b)the local authority, or
(c)the reporting officer,
to make available to the curator ad litem any report or information in relation to the child and the natural father and mother of the child.
(3) A person may, before presenting the petition, apply by letter to the Deputy Principal Clerk for the appointment of a reporting officer.
(4) An application under paragraph (3) shall–
(a)set out the reasons for which the appointment is sought;
(b)not require to be intimated to any person;
(c)be accompanied by an interlocutor sheet; and
(d)be placed by the Deputy Principal Clerk before the Lord Ordinary for his decision.
(5) The Deputy Principal Clerk shall give written intimation to the applicant under paragraph (3) of the decision of the Lord Ordinary.
(6) The decision of the Lord Ordinary on an application under paragraph (3) shall be final and not subject to review.
(7) The letter and the interlocutor sheet in an application under paragraph (3) shall be kept in the Petition Department and subsequently placed in the process of the petition.
Textual Amendments
F39Words in Sch. 2 rule 67.23(1)(b) omitted (29.1.2007) by virtue of Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(14)(a)
F40Sch. 2 rule 67.23(1A) inserted (29.1.2007) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(14)(b)
Commencement Information
I21Sch. 2 rule 67.23 in force at 5.9.1994, see para. 1(1)
67.24.—(1) A reporting officer appointed under rule 67.23(1)(b) shall, where appropriate–
(a)inquire into the facts and circumstances averred in the petition and the report of the local authority or adoption agency;
(b)where the child is not free for adoption, ascertain the whereabouts of each parent or guardian and, if practicable, meet him;
(c)witness any execution in Scotland of any agreement in Form 67.5–A [F41or 67.5–F] by a parent or guardian under section 16(1)(b) of the Act of 1978 (agreement to adoption), and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;
(d)where a parent or guardian is furth of Scotland, confirm his views in writing, ensure that any agreement under section 16(1)(b) of the Act of 1978 is witnessed in accordance with rule 67.5(3) and investigate whether the agreement is given freely, unconditionally and with full understanding of what is involved;
(e)witness any consent of a child in Form 67.5–C under section 12(8) of the Act of 1978(12)
(f)ensure that each parent or guardian whose agreement is required understands that in agreeing to the adoption he is [F42(except where the adoption order falls to be made by virtue of section 15(1)(aa) of the Act of 1978)] giving up all future claims to the child and that all parental [F43responsibilities and parental rights will (with that exception) be transferred to] the adopter;
(g)where the child is not free for adoption, consider whether the local authority or adoption agency has made every reasonable effort to find every person whose agreement is required;
(h)investigate whether there are any other persons with a relevant interest and whether they should be informed of the petition;
(i)ascertain from any parent or guardian who can be found whether alternatives to adoption have been discussed with him;
(j)ensure that each parent or guardian whose agreement is required or may be dispensed with is aware of the date (if known) of the hearing to determine the application if he wishes to appear, and confirm that such person whose agreement is required and has not been dispensed with understands that he may withdraw his agreement at any time before the adoption order is made;
[F44(jj)ascertain whether the child is subject to a supervision requirement;]
(k)draw to the attention of the court any matter which may be of assistance; and
(l)prepare a report in relation to the exercise of his duties within such period as the court may specify.
(2) A curator ad litem appointed under rule 67.23(1)(c) shall–
(a)safeguard generally the interests of the child;
(b)inquire, so far as he considers necessary, into the facts and circumstances averred in the petition;
[F45(bb)ascertain from the child whether he wishes to express any views as respects the petition;
(bc)ascertain whether it would be better for the child that an adoption order were made than that it were not made,]
(c)ascertain particulars of the condition of, and accommodation in, the home of the petitioner;
(d)ascertain particulars of all members of the household of the petitioner and their relationship to the petitioner;
(e)where a sole petitioner is married, ascertain why the other spouse has not joined in the petition;
(f)ascertain whether the means and status of the petitioner are sufficient to enable him to maintain and bring up the child suitably;
(g)ascertain any rights or interests in property of the child;
(h)ascertain whether a payment or reward prohibited by section 51 of the Act of 1978 (prohibition on certain payments) has been received or agreed upon;
(i)establish that the petitioner understands that the nature and effect of an adoption order is to transfer the parental [F46responsibilities and parental rights] in relation to the child to the petitioner and make him responsible for the maintenance and upbringing of the child;
(j)where applicable, ascertain when the mother of the child ceased to have the care and possession of the child and to whom care and possession were transferred;
(k)ascertain whether the proposed adoption is likely to safeguard and promote the welfare of the child throughout his [F47life];
(l)ascertain whether the life of the child has been insured and for what sum;
(m)ascertain whether it may be in the interests of the child that the court should pronounce an interlocutor making an order under section 25 of the Act of 1978 (interim orders), or make an adoption order subject to particular conditions including the making of special provision for the child, or whether an order [F48such as is mentioned in section 11(2)(b) of the Act of 1995 (imposing parental responsibilities or giving parental rights)] should be made;
(n)where the petitioner is not ordinarily resident in the United Kingdom, ascertain whether a report has been obtained on the house and living conditions of the petitioner from a reliable agency in the country of his ordinary residence;
(o)ascertain the reasons why the petitioner wishes to adopt the child;
[F49(p)ascertain the religious persuasion (if any), [F50racial] origin and cultural and linguistic background both of the child and of the petitioner;]
(q)where the difference in age between the petitioner and the child is greater or less than the normal difference between parent and child, assess the implications of that difference in relation to the petition;
(r)consider any other matter, including the personality of the petitioner and where appropriate, that of the child which might affect the suitability of the petitioner to be a parent bringing up the child;
F51(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51(t). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(u)where the agreement of a parent or guardian or the consent of a child is sought to be dispensed with, consider whether the ground of dispensation has been made out;
(v)consider whether, in his opinion, the child should be present at the hearing to determine the petition;
(w)perform such other duties as appear to him to be necessary or as the court may require;
[F52(ww)in performing his duties under this paragraph, regard the need to safeguard and promote the welfare of the child throughout the child’s life as the paramount consideration;] and
(x)prepare a report in relation to the exercise of his duties within such period as the court may specify.
(3) The reporting officer shall, on completion of his report, send to the Deputy Principal Clerk–
(a)the report and a copy of it for each party;
(b)any agreement for the purposes of section 16(1)(b) of the Act of 1978 (agreement of parent or guardian to adoption); and
(c)any consent under section 12(8) of the Act of 1978 (consent of child to adoption).
(4) The curator ad litem shall, on completion of his report, send the report, and a copy of it for each party, to the Deputy Principal Clerk.
Textual Amendments
F41Words in Sch. 2 rule 67.24(1)(c) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(19)(a) (with para. 4)
F42Words in Sch. 2 rule 67.24(1)(f) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(19)(b)(i) (with para. 4)
F43Words in Sch. 2 rule 67.24(1)(f) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(19)(b)(ii) (with para. 4)
F44Sch. 2 rule 67.24(1)(jj) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(19)(c) (with para. 4)
F45Sch. 2 rule 67.24(2)(bb)(bc) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(20)(a) (with para. 4)
F46Words in Sch. 2 rule 67.24(2)(i) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(20)(b) (with para. 4)
F47Word in Sch. 2 rule 67.24(2)(k) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(20)(c) (with para. 4)
F48Words in Sch. 2 rule 67.24(2)(m) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(20)(d) (with para. 4)
F49Sch. 2 rule 67.24(2)(p) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(20)(e) (with para. 4)
F50Word in Sch. 2 rule 67.24(2)(p) substituted (21.4.1998) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 1998 (S.I. 1998/890), paras. 1(1), 2(14)
F51Sch. 2 rule 67.24(2)(s)(t) omitted (1.4.1997) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(20)(f) (with para. 4)
F52Sch. 2 rule 67.24(2)(ww) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(20)(g) (with para. 4)
Commencement Information
I22Sch. 2 rule 67.24 in force at 5.9.1994, see para. 1(1)
67.25.—(1) On receipt of the reports referred to in rules 67.21 and 67.24, the Deputy Principal Clerk shall–
(a)cause the reports and any other documents to be lodged in process;
(b)give written intimation to each party of the lodging of those documents and make them available to each party; and
(c)within 7 days thereafter, cause–
(i)the petition to be put out on the By Order Roll before the Lord Ordinary; and
(ii)written intimation of the date of the hearing on the By Order Roll to be given to each party.
(2) At the hearing on the By Order Roll, the court–
(a)shall pronounce an interlocutor appointing the petition to a hearing to determine the petition; and
(b)may, in such interlocutor–
(i)order any person whose agreement or consent is required to be given or dispensed with to attend the hearing;
(ii)order intimation of the date of the hearing to any person not mentioned in paragraph [F53(3)(a) to (dc)]; and
(iii)order the reporting officer or curator ad litem to perform additional duties to assist the court in determining the petition.
(3) The petitioner shall intimate the date of the hearing ordered under paragraph (2)(a) in Form 67.25 to–
[F54(a)in a petition for an adoption order–
(i)every person who can be found and whose agreement or consent to the making of such an order is required to be given or dispensed with; or
(ii)where the petition is founded on either or both of section 16(1)(aa) (advance consent to adoption: England and Wales) or section 16(1)(ab) (placement of child: England and Wales) of the Act of 1978 (but not also section 16(1)(b) (agreement to adoption order) of the Act of 1978), each parent or guardian of the child except a parent or guardian who has given notice under section 20(4)(a) of the Act of 2002 that he does not wish to be informed of the application for an adoption order;]
(b)the reporting officer appointed under rule 67.23(1)(b);
(c)any curator ad litem appointed under rule 67.23(1)(c);
(d)the local authority or adoption agency referred to in rule 67.21;
[F55(da)any person keeping the child by virtue of a child protection order, of a supervision requirement or of a warrant granted by a children’s hearing;
(db)any person to whom the parental responsibilities and parental rights in relation to the child have been transferred by a parental responsibilities order or an order under section 11 of the Act of 1995;
(dc)any person having parental responsibility (within the meaning of the Children Act 1989) for the child by virtue of section 5 of that Act or of a care order or residence order within the meaning of that Act;] and
(e)any person on whom intimation has been ordered under paragraph (2)(b)(ii).
(4) At the hearing ordered under paragraph (2)(a)–
(a)the petitioner, the adoption agency, the reporting officer and, where one has been appointed, the curator ad litem shall, if required by the court, appear and may be represented;
(b)any person required by the court to attend the hearing shall appear and may be represented;
(c)any other person to whom intimation was made under paragraph (3)(a) or (e) may appear or be represented.
Textual Amendments
F53Words in Sch. 2 rule 67.25(2)(b)(ii) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(21)(a) (with para. 4)
F54Sch. 2 rule 67.25(3)(a) substituted (29.1.2007) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2007 (S.S.I. 2007/7), paras. 1(1), 2(15)
F55Sch. 2 rule 67.25(3)(da)(db)(dc) inserted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(21)(b) (with para. 4)
Commencement Information
I23Sch. 2 rule 67.25 in force at 5.9.1994, see para. 1(1)
67.25A. Where on making an adoption order in relation to a child who is subject to a supervision requirement the court makes a determination under section 12(9) of the Act of 1978( (that is to say, a determination that the child shall forthwith cease to be subject to that requirement), the clerk of court shall intimate the determination to the Principal Reporter.]
Textual Amendments
F5767.26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F57Sch. 2 rule 67.26 omitted (1.4.1997) by virtue of Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(23) (with para. 4)
67.27.—(1) An application under section 49(1) of the Act of 1978(13) (application to adopt a child abroad) shall be made by petition.
(2) The provisions of this Part shall, with the necessary modifications, apply to an application under section 49(1) of the Act of 1978 as they apply to an application for an adoption order.
(3) Evidence that the child in respect of whom the application is made may be adopted under the law of or in the country in which the petitioner is domiciled may be given by a signed statement by a person qualified in the law of that country.
Commencement Information
I24Sch. 2 rule 67.27 in force at 5.9.1994, see para. 1(1)
67.28.—(1) An application under section 29 of the Act of 1978(14) (order to return a child to, or not to remove a child from, the care of the applicant) shall be made–
(a)in relation to a breach of section 27(1) or 28(1) of that Act(15) (restrictions on removal of child where application for adoption order pending), by note in the process of the petition for an adoption order or a section 49 order to which it relates; or
(b)in relation to a breach of section 28(3) (restriction on removal where child was or is in care of the local authority) of that Act, by petition.
(2) An application for leave–
(a)under section 27(1) or 28 of the Act of 1978 (leave to remove a child) shall be made by note in the process of the petition for an adoption order or a section 49 order to which it relates;
(b)under section 30(2) of that Act (leave to adoption agency to give notice of intention to remove child) shall be made by note in the process of the petition for an adoption order or the application for a section 49 order to which it relates.
(3) Subject to paragraph (4), rule 67.2 (disapplication of certain rules to this Chapter) shall not apply to an application mentioned in paragraph (1) or (2) of this rule.
(4) An application mentioned in paragraph (1) or (2) shall not be intimated on the walls of the court or advertised.
Commencement Information
I25Sch. 2 rule 67.28 in force at 5.9.1994, see para. 1(1)
67.29.—(1) An application–
(a)under paragraph 4(1) of Schedule 1 to the Act of 1978 (amendment, or revocation of a direction in, an adoption order), or
(b)under section 46 of that Act(16) (revocation of an adoption order on legitimation),
shall be made by petition.
(2) Subject to paragraph (3), rule 67.2 (disapplication of certain rules to this Chapter) shall not apply to an application mentioned in paragraph (1) of this rule.
(3) An application mentioned in paragraph (1) shall not be intimated on the walls of the court or advertised.
Commencement Information
I26Sch. 2 rule 67.29 in force at 5.9.1994, see para. 1(1)
67.30. On the court pronouncing an interlocutor making–
(a)an adoption order,
(b)an amendment to, or a revocation of a direction in, an adoption order,
(c)a revocation of an adoption order,
(d)a section 49 order, or
(e)a Convention adoption order,
the clerk of court shall forthwith send a certified copy of that interlocutor to the Registrar General for Scotland in a sealed envelope marked “confidential”.
Commencement Information
I27Sch. 2 rule 67.30 in force at 5.9.1994, see para. 1(1)
67.31. An extract of an adoption order or a section 49 order shall not be issued except by order of the court on an application to it–
(a)where there is a petition for the adoption order or the section 49 order, as the case may be, depending before the court, by motion; or
(b)where there is no such petition depending before the court, by petition.
Commencement Information
I28Sch. 2 rule 67.31 in force at 5.9.1994, see para. 1(1)
67.32.—(1) After a certified copy of an interlocutor mentioned in rule [F5867.30] has been sent to the Registrar General for Scotland, the clerk of court or the Extractor, as the case may be, shall–
(a)place the whole process in an envelope bearing only–
(i)the name of the petitioner;
(ii)the full name of the child to whom the process relates; and
(iii)the date of the order; and
(b)seal the envelope and mark it “confidential”.
(2) No person shall open a process referred to in paragraph (1) or inspect its contents within 100 years after the date of the adoption order or the section 49 order, as the case may be, except–
(a)the person adopted under the order after he has reached the age of [F5916] years;
(b)any other person or body entitled under section 45(5) of the Act of 1978 to access to the registers and books kept under section 45(4) of that Act, with the written authority of the adopted person;
(c)the Deputy Principal Clerk or Extractor, as the case may be, on the written application to him by an adoption agency with the written agreement of the adopted person for the purpose of ascertaining the name of the adoption agency responsible for the placement of that person for adoption;
(d)by order of the court on an application made by petition presented by another court or authority (whether within the United Kingdom or not) having the power to authorise an adoption for the purpose of obtaining information in connection with an application to it for adoption;
(e)by order of the court on an application made by petition presented by any person; and
(f)a person who is authorised in writing by the Secretary of State to obtain information from the process for the purpose of research designed to improve the working of adoption law and practice.
Textual Amendments
F58Word in Sch. 2 rule 67.32(1) substituted (5.12.1994) by Act of Sederunt (Rules of the Court of Session 1994 Amendment No.3) (Miscellaneous) 1994 (S.I. 1994/2901), paras. 1(1), 2(18)(a)
F59Word in Sch. 2 rule 67.32(2)(a) substituted (1.4.1997) by Act of Sederunt (Rules of the Court of Session Amendment No.2) (Adoption Applications) 1997 (S.I. 1997/853), paras. 1(1), 2(24) (with para. 4)
Commencement Information
I29Sch. 2 rule 67.32 in force at 5.9.1994, see para. 1(1)
Textual Amendments
F60Sch. 2 Ch. 67 Pt. 4 substituted (1.3.2004) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/52), paras. 1(1), 2(17)
67.33. In this Part—
“the petition” means the petition referred to in rule 67.35 or 67.41, as the case may be;
“receiving State” has the same meaning as in the Convention; and
“State of origin” has the same meaning as in Article 2 of the Convention.
Textual Amendments
F60Sch. 2 Ch. 67 Pt. 4 substituted (1.3.2004) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/52), paras. 1(1), 2(17)
67.34. Part III (adoption), except the following rules, shall apply to the petition:–
rule 67.19 (interpretation of Part III),
rule 67.20 (protection of identity of petitioner),
rule 67.27 (applications under section 49),
rule 67.29 (applications to amend or revoke a direction in, or revoke, an adoption order).
Textual Amendments
F60Sch. 2 Ch. 67 Pt. 4 substituted (1.3.2004) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/52), paras. 1(1), 2(17)
67.35.—(1) An application for a Convention adoption order shall be made by petition in Form 67.22.
(2) The petition shall include averments in relation to—
(a)the age of the child;
(b)the place and the country where the petitioner habitually resides;
(c)the period of time for which the petitioner has resided there;
(d)the place and the country where the child habitually resides;
(e)the period of time for which the child has resided there; and
(f)whether the child is, or has been, married.
(3) Where the United Kingdom is the receiving state, and the child is over the age of twelve years the petition shall also include averments in relation to—
(a)whether the child is capable of giving consent, and
(b)whether the child has consented,
to the making of the order.
(4) Where the United Kingdom is the State of origin, the petition shall also include averments as to whether the child is free for adoption by virtue of an order made under section 18 of the Act of 1978, section 18 of the Adoption Act 1976, or article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987.
(5) The prayer of the petition shall include a crave that the court direct the Registrar General for Scotland to insert the words “Convention Order” in the entry to be made by him in the Adopted Children Register regarding the adoption.
Textual Amendments
F60Sch. 2 Ch. 67 Pt. 4 substituted (1.3.2004) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/52), paras. 1(1), 2(17)
67.36.—(1) The curator ad litem appointed under rule 67.23(1)(b) by virtue of rule 67.34 (application of Part III to this Part) shall also investigate the averments referred to in rule 67.35(2) and shall include the results of his investigations in his report.
(2) Where in the course of his investigations, the curator ad litem requires a report from any authority outside Great Britain, he shall request the local authority to request that other authority to provide that report.
Textual Amendments
F60Sch. 2 Ch. 67 Pt. 4 substituted (1.3.2004) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/52), paras. 1(1), 2(17)
67.37.—(1) This rule applies to an application for an order under section 47 of the Act of 1978 (annulment etc. of overseas adoptions).
(2) An application mentioned in paragraph (1) shall be made by petition.
(3) An application under section 47(1) of the Act of 1978 shall not, except with the leave of the court, be made later than two years after the date of the 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 send a notice of the order to the Registrar General for Scotland specifying—
(a)the date of the adoption;
(b)the name and address of the authority which granted the adoption;
(c)the names of the adopter or adopters and of the adopted person as given in that petition;
(d)the country in which the adoption was granted;
(e)the country of which the adopted person is a national; and
(f)the country in which the adopted person was born.
Textual Amendments
F60Sch. 2 Ch. 67 Pt. 4 substituted (1.3.2004) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/52), paras. 1(1), 2(17)
67.38. An application under section 39(2A) of the Act of 1978 (application for direction as to status conferred by adoption) shall be made by petition.]
Textual Amendments
F60Sch. 2 Ch. 67 Pt. 4 substituted (1.3.2004) by Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2004 (S.S.I. 2004/52), paras. 1(1), 2(17)
Section 49(1) of the Act of 1978 was amended by the Children Act 1989 (c. 41), Schedule 10, paragraph 42.
Section 49 of the Act of 1978 was amended by the Children Act 1989 (c. 41), Schedule 10, paragraph 42.
Section 12(8) of the Act of 1978 was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 2(3)(a).
Section 18(8) of the Act of 1978 was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 2(3)(b).
Section 18(6) of the Act of 1978 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraph 40.
Section 20 was amended by the Children Act 1989 (c. 41), Schedule 10, paragraph 36.
Section 29 of the Act of 1978 was amended by the Health and Social Services and Social Security Adjudications Act 1983, Schedule 2, paragraphs 43 and 44 and by the Children Act 1989, Schedule 10, paragraph 39.
Section 27(2) of the Act of 1978 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraph 43.
Section 12(8) of the Act of 1978 (c. 28) was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. 50), section 2(3)(a).
Section 49(1) of the Act of 1978 was amended by the Children Act 1989 (c. 41), Schedule 10, paragraph 42.
Section 29 of the Act of 1978 was amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 2, paragraphs 43 and 44 and by the Children Act 1989 (c. 41), Schedule 10, paragraph 39.
Sections 27(1) and 28(1) of the Act of 1978 were amended by the said Act of 1983, Schedule 2, paragraph 43.
Section 46(1) of the Act of 1978 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), Schedule 1, paragraph 18(3).
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