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

PART IV CONVENTION ADOPTION ORDERS

Interpretation of this Part

67.33.—(1) In this Part–

• “Convention country” has the meaning assigned in section 65(1) of the Act of 1978;

• “the petition” means the petition referred to in rule 67.35 or 67.41, as the case may be.

(2) Any reference in this Part to the nationality of a person who is not solely a United Kingdom national means the nationality of that person as determined in accordance with section 63 of the Act of 1978.

Application of Part III to this Part

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(1) of the Act of 1978),

• rule 67.29 (applications to amend or revoke a direction in, or revoke, an adoption order).

Applications for Convention adoption order

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 nationality of the petitioner;

(b) the nationality of the child;

(c) the place and the country where the petitioner habitually resides;

(d) the place and the country where the child habitually resides;

(e) whether the child is, or has been, married;

(f) where the petitioner is a national of a Convention country, or where both petitioners are nationals of the same Convention country, whether there is a specified provision within the meaning of section 17(8) of the Act of 1978 in respect of that country which prohibits the adoption; and

(g) where the child is not a United Kingdom national, any provision relating to consents and consultations, of the internal law with respect to adoption of the Convention country of which the child is a national.

(3) The prayer of the petition shall include a crave that the court direct the Registrar General for Scotland–

(a) to insert the words “Convention Order” in the entry to be made by him in the Adopted Children Register regarding the adoption;

(b) to intimate the terms of the order to the appropriate authorities referred to in rule 67.39(2) or (3) or 67.41(5)(b) (designated authorities of Convention country), as the case may be.

Investigations by curator ad litem

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.

Evidence of nationality

67.37.  There shall be lodged in process as productions–

(a) any document relied on as evidence of the nationality of the petitioner or that of the child; and

(b) where the nationality of the petitioner or that of the child is of a Convention country, a signed statement by a person qualified in the law of that country confirming such nationality under that law.

Petition in respect of a non-U.K. child

67.38.—(1) This rule applies to a petition where the child is not a United Kingdom national.

(2) On presentation of the petition, there shall be lodged in process as a production a signed statement by a person qualified in the law of the Convention country of which the child is a national setting out the consent or consultation required by the internal law of that country with respect to adoption.

(3) A consent referred to in section 17(7) of the Act of 1978 shall be in a form which complies with any requirement of the internal law with respect to adoption of the Convention country of which the child is a national, but where the court is not satisfied that such consent has been made with full understanding of what is involved, it may call for further evidence.

(4) A document mentioned in paragraph (2) or (3) may be received in evidence without being spoken to.

(5) Where a consent or consultation referred to in paragraph (2) or (3) could properly be dispensed with under the internal law of the country concerned, the court may dispense with that consent or consultation in accordance with the provisions of that law.

(6) Where the court pronounces an interlocutor appointing the petition to a hearing under rule 67.25(2)(a) by virtue of rule 67.34 (application of Part III to this Part), the requirements of rule 67.25(3) (intimation of date of hearing to certain persons) shall include a requirement to intimate the date of the hearing in Form 67.25 to–

(a) any person whose consent is referred to in section 17(7) of the Act of 1978 but who has not given such consent;

(b) any person who, in accordance with the internal law with respect to adoption of the Convention country of which the child is a national, has to be consulted, but does not have to consent to, the adoption.

(7) For the purposes of section 17(7)(a) of the Act of 1978, the proper officer of the court shall be the Deputy Principal Clerk.

Additional notice to Registrar General

67.39.—(1) The Deputy Principal Clerk shall send to the Registrar General for Scotland–

(a) with any Convention adoption order, a notice specifying the authorities mentioned in paragraph (2) and requesting him to inform them of the terms of the order;

(b) with any order made under section 46(2) of the Act of 1978 revoking a Convention adoption order, a notice specifying the authorities mentioned in paragraph (3) of this rule and requesting him to inform them of the terms of the order under that section.

(2) The authorities referred to in paragraph (1)(a) are the designated authorities of any Convention country–

(a) of which the child is a national;

(b) in which the child was born;

(c) in which a petitioner habitually resides; or

(d) of which a petitioner is a national.

(3) The authorities referred to in paragraph (1)(b) are the designated authorities of any Convention country–

(a) of which the adopted person is a national; or

(b) in which the adopted person was born.

Interim orders

67.40.  Where the petitioner is a national, or both petitioners are nationals, of a Convention country, the court shall take account of any specified provision (as defined in section 17(8) of the Act of 1978(1)) of the internal law of that country before making any order under section 25 of that Act (interim orders).

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.

(1)

1978 c. 28.