The Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994

Section 26

5.  Section 26 shall have effect as follows:–

“Care of child on refusal of parental order

26.— (1) Where on an application for a parental order the court refuses to make an order then–

(a) if it appears to the court that there are exceptional circumstances making it desirable that the child should be under the supervision of an independent person, the court may order that the child shall be under the supervision of a specified local authority;

(b) if it appears to the court that there are exceptional circumstances making it impracticable or undesirable for the child to be entrusted either to the person who is the mother or the father of the child by virtue of section 27 or 28 of the 1990 Act, or otherwise, or to any other individual, the court may by order commit the child to the care of a specified local authority.

(2) Where the court makes an order under subsection (1)(b) the order may require the person who is either the mother or the father of the child by virtue of section 27 or 28 of the 1990 Act, or otherwise, to pay to the local authority, while it has the care of the child, such weekly or other periodical sum towards the aliment of the child as the court thinks reasonable.

(3) Subsections (2), (4) and (5) of section 11 of the Guardianship Act 1973(1) (jurisdiction and orders relating to care and custody of children) apply in relation to an order under this section as they apply in relation to an order under that section.”.

(1)

1973 c. 29.